- 1 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2987 OF 2026 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI HARISHA K S/O.KEMPANNA, AGED ABOUT 37 YEARS, R/A.6TH CROSS, MARIGOWDA LAYOUT, OPP SOMESHWARA RICE MILL, MANDYA - 571 401. 2. SMT.JYOTHI.K, W/O.LINGA MURTHY, AGED ABOUT 49 YEARS, R/A.NO.104, PRUTHVI VERNA, NO.116/1, KUTTIYAPPAN GARDEN, NEAR SRINIVASA KALYANA MANTAPA, BILEKAHALLI, B.G ROAD, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 BENGALURU - 560 076. …PETITIONERS (BY SRI. NANJUNDA GOWDA M R.,ADVOCATE) AND: THE STATE OF KARNATAKA BY MICO LAYOUT POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKER VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI. HRISH GANAPATHY., HCGP) THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.53/2026 OF MICO LAYOUT POLICE, FOR THE OFFENCE P/U/S 329(4), 305, 3(5) OF BNS WHICH IS NOW PENDING ON THE FILE OF THE CMM BENGALURU. - 3 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. This criminal petition is filed by the petitioners herein who are arrayed as accused Nos.2 and 3 seeking anticipatory bail in Crime No.53/2026 filed by the respondent - Police for the offences punishable under Section 329(4), 305 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short BNS). Factual matrix of the case: 2. The case of the prosecution is that one Sri. Santosh Kumar Thakur had lodged a complaint stating that he was residing in Flat No.202 at Pruthvi Verna Apartment since February-2024. The rent was paid upto January 2025 and the maintenance charges were also paid up to February 2025. On 16.02.2025 the complainant left for his native Bihar. On 22.12.2025 the complainant returned to Bangalore to clear the pending rent from - 4 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 February-2025 to December-2025, by that time, the complainant got to know that the said flat had been sold by the owner to another person without any information to the tenant. On enquiry about the household articles, the Apartment Manager by name Harish and the Maintenance in-charge, Jyothi expressed ignorance and directed the complainant to contact the owner. However, the owner had blocked the phone number of the complainant and he was not reachable on phone. Hence, the complainant lodged a complaint stating that during his absence, the petitioner had trespassed into the flat and taken away household articles without his knowledge. Hence, the complaint. 3. Based on the said information, the respondent – Police registered a case. The investigation is under progress. 4. Heard Sri. Abhilash Kumar M.N., appearing for Sri. Nanjunda Gowda M.R., learned counsel for the - 5 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 petitioner and Sri. Harish Ganapathy, learned High Court Government Pleader for respondent. 5. The submission of the learned counsel for the petitioners is that the petitioners are the Apartment Manager and the Maintenance in-charge of the flat. The complainant was staying as a tenant. However, without any information, in February-2025, the complainant left the premises by locking the door till December-2025, he was not found in the said premises. In the meantime, the owner of house had sold the property to another prospective purchaser. Thereafter, the flat has been handed over to the purchaser. The complainant with an ulterior motive to avoid payment of rent has filed a false complaint against the present petitioners. The petitioners are reputed persons in the locality and having deep root in the society. They will abide by the conditions to be imposed by this Court in the event of their release on bail. Making such submission learned counsel for the petitioners prays to allow the petition. - 6 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 6. Per Contra, the learned High Court Government Pleader for respondent – State vehemently submitted that the petitioners have removed all the house hold articles of the tenant without his permission. In spite of notice having been issued to the petitioners to appear before the Investigating Officer, they remained absent. Their custodial interrogation is very much essential to rule out the offence. Hence, it is not appropriate to grant them bail making such submission learned High Court Government Pleader for respondent – State prays to reject the petition. 7. Heard learned counsel for the respective parties and perused the averments of the complaint, it appears from the record that the complainant is the tenant and the petitioners are the apartment manager and maintenance in-charge of the flat No.202 situated at Thannamma Layout, Bilekanahalli. It is stated that on 16.02.2025 the tenant had been to his native and returned on 22.12.2025 and came to his apartment and saw that household - 7 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 articles were found missing. Though, he enquired with the present petitioners regarding missing of the house hold articles, he did not get a satisfactory answer. Hence, he lodged a complaint before the respondent-Police. 8. Be that as it may, the alleged offences are neither punishable with death nor imprisonment for life with suitable conditions are imposed that would take care of the apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER i. The petition is allowed. ii. The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.53/2026 filed by the respondent - Police for the offences punishable under Section 329(4), 305 read with 3(5) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) - 8 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 each with one (01) surety each for the like sum of the satisfaction of the Trial Court. iii. The petitioners shall appear before the jurisdictional Police within a period of one month from the date of receipt of this order to execute their personal bonds and also to furnish surety. iv. The petitioners shall co-operate with investigation till filing of the charge sheet. v. The petitioners shall not threaten or tamper with the prosecution witnesses nor hamper with the proceedings of the Court. vi. The petitioners shall appear before the Trial Court on all hearing dates, without fail. vii. The petitioners shall not commit any criminal cases till disposal of the case. - 9 - HC-KAR NC: 2026:KHC:21138 CRL.P No. 2987 of 2026 In case, the petitioners violate any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM