- 1 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.8042/2026 (438(Cr.PC) /482(BNSS)) BETWEEN: STEPHEN ARTHUR JONES S/O. SRI. A.V. KUMAR 41 YEARS, JONES PROPERTY MANAGEMENT PRIVATE LIMITED., M.D., BENGALURU CITY. OFFICE NO.648, BKN AMBARAM ESTATE, 1ST FLOOR, 1ST MAIN, BINNAMANGALA, INDIRANAGAR, BENGALURU - 560 038 PRESENTLY AT NO.22, 3RD BLOCK, 5TH LANE, DASAPPA LAYOUT, RAMAMURTHYNAGAR, BENGALURU – 560 016 …PETITIONER (BY SRI. BHAGAVAN S.G, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER, INDIRANAGAR POLICE STATION HALASUR SUB DIVISION, BENGALURU CITY – 560 038 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560001 …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND DIRECT THAT IN THE EVENT OF HIS ARREST IN CRIME NO.159 OF 2026 OF INDIRANAGAR POLICE STATION, HALASUR SUB-DIVISION, BENGALURU CITY AND PENDING IN THE COURT OF THE IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 316(2) AND 318(4) OF THE BHARATIYA NYAYA SANHITA, 2023, HE BE RELEASED ON BAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.159/2026 registered by Indiranagar Police Station, Bengaluru for offences punishable under Sections 316(2) and 318(4) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 2. Heard the learned counsel for the petitioner and the learned Additional SPP appearing on behalf of the respondent - State. 3. FIR in Crime No.159/2026 was registered by Indiranagar Police Station, Bengaluru for the aforesaid offences against petitioner and others, based on the first information dated 11.05.2026, received from Clifford Royan D, who is the alleged victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.4931/2026 before the jurisdictional Sessions Court, which was rejected on 30.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner after reiterating the grounds urged in the petition submits that petitioner is only the authorized representative of Company known as Jones Property Management Pvt. Ltd. He is not the Director of the Company and the amount was paid by the first informant to the Bank account of the Company and not to the petitioner. He submits that during the course of investigation, the house and office premises of the petitioner was searched. Therefore, the question of petitioner tampering with any documents does not - 4 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 arise. He also submits that in the earlier criminal cases registered against him, he has been granted bail and in one case, B report is filed. He has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Prabhakar Tewari Vs. State of U.P & Anr in Crl.A.No.152/2020 dated 24.01.2020 and submits that petitioner's antecedents cannot be the sole reason to dismiss his bail application. Accordingly, prays to allow the petition. 5. Per contra, learned Additional State Public Prosecutor, who has filed statement of objections has strenuously opposed the prayer made in the petition. She submits that petitioner is a person with criminal antecedents and there are several other criminal cases registered against him for similar offences. She submits that the sisters-in-law of the petitioner are shown as Directors of the Company and they are only name lenders while the petitioner is the sole person, who has been looking after the affairs of the Company, which is arraigned as accused No.2 in the present case. She submits that bank accounts of the Company are operated only by the petitioner and his mobile phone and email address are attached and linked to all the - 5 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 bank accounts of the Company. Considering his antecedents and nature of allegations found in the present case, his custodial interrogation would be very much necessary. She submits that during the course of investigation, several incriminating materials connecting the petitioner, has been collected by the Investigating Officer. Accordingly, she prays to dismiss the petition. 6. In the first information submitted by the alleged victim, he has stated that he had approached Company known as Jones Property Management Pvt. Ltd., in the month of June 2025 seeking assistance for providing him a residential premises on lease. Representatives of the Company had shown him several houses and they had collected altogether a sum of `21,00,000/- from him on various dates through bank transactions and ultimately, a lease agreement was executed in his favour on 12.08.2025 in respect of the property bearing No.65, Bethal House, 2nd Cross Grace Town, Hennur Main Road, Bengaluru – 560 043. After he was put in possession of the said property, owner of the property informed him that the Company which had taken the house on lease had not paid - 6 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 monthly rentals and asked him to vacate the premises. It is under these circumstances, petitioner approached the Company with a request to refund the amount of `21,00,000/- paid by him. On enquiry, he learnt that Company had cheated several others in similar fashion and it is under these circumstances, he had approached the Police on 11.05.2026 and based on his first information, the FIR was registered against the petitioner and the Company. 7. Perusal of the material made available to this Court would go to show that there are several other criminal cases registered against the petitioner in various other Police Stations in Bengaluru, wherein similar provisions of law have been invoked against him. In the statement of objections filed on behalf of the respondent - State, it is mentioned that during the course of investigation, it was found that nearly 500 similar tenants were cheated and petitioner has collected nearly a sum of `80 crores from such tenants and thereafter, has cheated them in similar fashion. In the statement of objections, it is also stated that the mobile phone number of the petitioner and his personal e-mail ID has been attached and linked to the - 7 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 three Bank Accounts of the accused - Company and only petitioner has been operating all the aforesaid three Bank accounts. It is further stated in the Statement of Objections that Directors of the Company are the sisters-in-law of the petitioner and they are residents of Lathur in Maharashtra State. Learned Additional SPP submitted that the Managing Director and Directors of the Company are only name lenders and the entire management of the Company including financial management is done by the petitioner. Along with the criminal petition, the board resolution of the accused – Company has been produced, which would go to show that the said Company has authorized the petitioner to operate all its affairs. Under the circumstances, I am of the opinion that petitioner's custodial interrogation would be very much necessary in the present case. 8. In the case of Prabhakar Tewari (supra), the Hon'ble Supreme Court has held that criminal antecedents of a person cannot be the sole reason to deny him the bail if he is otherwise entitled for the same. The ratio of the said judgment cannot be made applicable to this case since this Court has - 8 - HC-KAR CNR: KAHC010379422026 NC: 2026:KHC:47176 CRL.P No. 8042 of 2026 found sufficient material against the petitioner in the case on hand to deny him the discretionary relief of anticipatory bail. Under the circumstances, following order: Criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE MDS List No.: 1 Sl No.: 49