Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.337/2026 (438(Cr.PC)/ 482(BNSS)) BETWEEN:
1.
SMT. PUSHPA B.P.
W/O DEVARAJ .P AGED ABOUT 45 YEARS R/O 4TH CROSS, JAIL ROAD HOSAMANE, SHIVMOGGA- 577201.
2.
SMT. CHETHANA K W/O KUMAR D AGED ABOUT 43 YEARS R/O 2ND STAGE, 1ST CROSS KENCHAPPA LAYOUT VINOBHANAGARA SHIVMOGGA- 577201.
3.
SRI. DEVRAJ .P S/O LATE PEDDA RANGAPPA AGED ABOUT 55 YEARS R/O 4TH CROSS, JAIL ROAD HOSAMANE, SHIVMOGGA- 577201.
4.
SRI. YASHAWANTH D S/O DEVARAJ P AGED ABOUT 25 YEARS R/O 4TH CROSS, JAIL ROAD HOSAMANE, SHIVMOGGA- 577201.
5.
SRI. VIJAYA KUMAR D.M.
S/O MURTHY AGED ABOUT 30 YEARS
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
NETHRA NILAYA, 7TH CROSS A BLOCK, SHARAVATHI NAGARA SHIVMOGGA-577201. …PETITIONERS (BY SRI. DHANUSH D. RAJ, ADV., FOR SRI. SAMEEKSHA T.R. ADV.,)
AND:
1.
THE STATE OF KARNATAKA THROUGH VINOBANAGARA POLICE STATION SHIVMOGGA REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 575 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN
ORDER OF ANTICIPATORY BAIL TO THE PETITIONERS NO.1 TO 5/ACCUSED NO.S 1 TO 5 DIRECTING THE RESPONDENT VINOBNAGAR POLICE STATION TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH THE FIR IN CRIME NO.281/2025 OF VONOBANAGAR POLICE STATION SHIVAMOGGA DISTRICT DATED 05.12.2025 REGISTERED FOR OFFENCES P/U/S 189(2), 115(2), 127(2), 140(3), 74, 351(3), 352, 308(2), 190 OF BNS 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 5 in Crime No.281/2025 registered by Vinobanagara Police Station, Shivamogga, for the offences punishable under Sections 189(2), 115(2), 127(2), 140(3), 74, 351(3), 352, 308(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, are before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.281/2025 was registered by Vinobanagara Police Station, Shivamogga, for the aforesaid offences against the petitioners herein and others, based on the first information dated 05.12.2025 received from Sowmya U.R., who is the alleged victim in the present case. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.1247/2025 before the
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
jurisdictional Sessions Court at Shivamogga, which was rejected on 20.12.2025. Therefore, the petitioners are before this Court. 4. A reading of the first information submitted on 05.12.2025 would reveal that husband of first informant, who had borrowed loan and was in huge debt, subsequently had left Bengaluru and settled in Shivamogga, since the persons who had given him loan were demanding repayment. It appears that subsequently the husband of first informant had committed suicide in Shivamogga. Thereafter, the first informant had borrowed a sum of Rs.14,00,000/- from the accused persons and according to her, though she had repaid the amount borrowed, the accused who had taken her blank cheques while lending her money, had not returned the cheques and they were demanding further payments from her. She has further alleged that on 01.12.2025, accused persons took her to Padma Jewellers shop at Nehru road, Shivamogga and pledged her gold jewelry for a sum of
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
Rs.3,25,000/- and thereafter took her to her parents’ house and asked her father to transfer his property in their name. In the first information, it is also alleged that the accused persons had criminally intimidated the victim lady and also threatened her of circulating her private photos and videos in social media. 5. In respect of the alleged incident that had taken place on 01.12.2025 and 02.12.2025, the first information is belatedly submitted on 05.12.2025. A reading of the first information would reveal that undisputedly the first informant had borrowed huge money from the accused persons.
Considering the nature of allegations found against the petitioners, who do not have any criminal antecedents, I am of the opinion that their prayer for grant of anticipatory bail needs to be answered in the affirmative. Accordingly, the following:
ORDER (i) The petition is allowed. The respondent - Police or any other police in the State of Karnataka are
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
directed to release the petitioners in the event of their arrest in Crime No.281/2025 registered by Vinobanagara Police Station, Shivamogga for the offences punishable under Sections 189(2), 115(2), 127(2), 140(3), 74, 351(3), 352, 308(2), 190 of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions:
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.
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HC-KAR
CNR: KAHC010015252026 NC: 2026:KHC:48503 CRL.P No.337/2026
4. The petitioners shall not involve in similar offences in future.
Sd/- (S VISHWAJITH SHETTY) JUDGE
BSR List No.: 1 Sl No.: 27