- 1 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 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. 2981 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. KATTA ASHOK KUMAR RAI S/O.VITTAL KATTA RAI, AGED ABOUT 73 YEARS, 3503B 2, GOREGOAN EAST, NEAR UMAYA MATA MANDIR, R/A.ROMELL AETHER MATA MANDIR, SUBURBAN, MUMBAI, MAHARASHTRA - 400 063. …PETITIONER (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. HARISH GANAPATHY., HCGP) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.53/2026 OF MICO LAYOUT POLICE, FOR THE OFFENCES P/U/S 329(4), 305, 3(5) OF BNS, PENDING ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, BENGALURU. 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 petitioner herein who is arrayed as accused No.1 seeking anticipatory bail in Crime No.53/2026 filed by the respondent - Police for the offences punishable under Section 329(4), 305 and 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 - 3 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 January 2025 and the maintenance charges were also paid upto 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 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 giving 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 recovered all household articles without his knowledge. Hence, the complaint. - 4 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 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 petitioner and Sri. Harish Ganapathy, learned High Court Government Pleader for respondent. 5. The submission of the learned counsel for the petitioner is that the petitioner is the owner of the flat. He had let out the premises to the complainant and the complainant was staying as a tenant. However, without any information, in February-2025, he left the premises by locking the door till December-2025, he was not living in the said premises. In the meantime, the petitioner has sold the property to another prospective purchaser. Thereafter, the flat has been handed over to the purchaser and they have been in possession ever since. The complainant with an ulterior motive to avoid payment of - 5 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 rent has filed a false complaint against the petitioner. The petitioner is a reputed person in the locality and having deep root in the society. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submission learned counsel for the petitioner prays to allow the petition. 6. Per Contra, the learned High Court Government Pleader for respondent – State vehemently submitted that the petitioner has removed all the household articles of the tenant without his permission. In spite of notice having been issued to the petitioner to appear before the Investigating Officer, he remained absent. His custodial interrogation is very much essential to rule out the offence. Hence, it is not appropriate to grant him 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 - 6 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 from the record that the complainant is the tenant and the petitioner is the owner of 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 to his apartment on 22.12.2025 and found that household articles were missing. Although, he enquired the Manager and Maintenance regarding missing of the household articles, he did not receive 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. Hence, the petitioner may be enlarged on bail by imposing suitable conditions 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 petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.53/2026 filed by the - 7 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 respondent - Police for the offences punishable under Section 329(4), 305 and 3(5) of the BNS, 2023, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with one (01) surety for the like sum of the satisfaction of the Investigating officer. iii. The petitioner shall appear before the jurisdictional Police within a period of one (01) month from the date of receipt of this order to execute personal bond and also to furnish surety. iv. The petitioner shall co-operate with investigation till filing of the charge-sheet. v. The petitioner shall not threaten or tamper the prosecution witnesses nor hamper with the proceedings of the Court. vi. The petitioner shall appear before the Trial Court on all hearing dates, without fail. vii. The petitioner shall not commit any criminal cases till disposal of the case. - 8 - HC-KAR NC: 2026:KHC:21137 CRL.P No. 2981 of 2026 In case, the petitioner violates 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