Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39217 (KAR)

SANTHOSH G C v. STATE OF KARNATAKA

CRL.P/12094/2026 · 2026-09-08

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010546022026 NC: 2026:KHC:49010 CRL.P No. 12094 of 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. 12094 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SANTHOSH G C S/O. CHANDRAPPA.S AGED ABOUT 36 YEARS, RESIDING AT GUDAL VILLAGE, DAVANAGERE TALUK AND DISTRICT, PIN CODE - 577 512. …PETITIONER (BY SRI. SABAPPA B. MALEGAL, ADVOCATE) AND: STATE OF KARNATAKA BY EXTENSION P.S. DAVANAGERE - 577 512. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.117/2026 REGISTERED BY DAVANAGERE EXTENSION POLICE STATION FOR AN ALLEGED THE OFFENCE PUNISHABLE UNDER SECTION 316(4), 351(2), 318(4) READ WITH 3(5) OF THE BHARATIYA NYAYA SANHITA PENDING ON THE FILE OF THE HON'BLE II ADDITIONAL CIVIL JUDGE AND JMFC AT DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGARATHNA M Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010546022026 NC: 2026:KHC:49010 CRL.P No. 12094 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.117/2026 registered by Davanagere Extention Police Station, Davanagere, for the offences punishable under Sections 316(4), 351(2), 318(4) read with Section 3(5) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.117/2026 was registered by Davanagere Extention Police Station, Davanagere, for the offences punishable under Sections 316(4), 351(2), 318(4) read with Section 3(5) of BNS, 2023, against the petitioner and another, based on the first information dated 22.06.2026 received from Srinivas Rao D., Chief Legal Manager of the company known as IKF Finance Ltd. Apprehending arrest, the petitioner had filed Crl.Misc.581/2026 before the jurisdictional Sessions Court, - 3 - HC-KAR CNR: KAHC010546022026 NC: 2026:KHC:49010 CRL.P No. 12094 of 2026 which was rejected on 17.07.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner, having reiterated the grounds urged in the petition, submits that there is an inordinate delay in registering the FIR. He submits that petitioner has been falsely implicated in the present case and he has no criminal antecedents. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader submits that accused Nos.1 and 2 have not co- operated with the police for the purpose of investigation and three lorries, which were allegedly released to the custody of accused No.2 - Nabhi Khan from the vehicle parking yard at the instance of the petitioner, are yet to be seized. In spite of enquiry notice, accused Nos.1 and 2 have refused to co-operate and produce the vehicles before the police. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010546022026 NC: 2026:KHC:49010 CRL.P No. 12094 of 2026 6. A reading of the first information dated 22.06.2026 would reveal that petitioner herein was working as Branch Manager in the finance company known as IKF Finance Ltd., in which first informant is working as the Chief Legal Manager. In the first information, it is alleged that, since the registered owners of the three lorries bearing registration Nos.KA-06-AA-7457, KA-52-B- 4115, and KA-23-B-5620 had not repaid the installments of the loans borrowed by them for the purpose of purchasing the vehicles, the said vehicles were seized and kept in a vehicle parking yard at Davanagere. The petitioner, misusing his position, had colluded with accused No.2 and had forwarded email to the parking yard to release the aforesaid vehicles in favour of accused No.2, who was portrayed as a purchaser of the aforesaid vehicles from the finance company. 7. Learned HCGP has brought to the notice of this Court that accused Nos.1 and 2 have throughout not - 5 - HC-KAR CNR: KAHC010546022026 NC: 2026:KHC:49010 CRL.P No. 12094 of 2026 co-operated with the police for the purpose of investigation and aforesaid three lorries, which were released to the custody of accused No.2 at the instance of accused No.1, have not been seized. 8. Considering the said submissions and also having regard to the nature of allegations, I am of the opinion that custodial interrogation of the petitioner is required for the purpose of proper investigation. Therefore, prayer made in this petition for grant of anticipatory bail cannot be granted. Under the circumstances, the following: O R D E R The criminal petition is hereby dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE AM List No.: 1 Sl No.: 70