- 1 - HC-KAR CNR: KAHC010557132026 NC: 2026:KHC:50369 CRL.P No. 12295 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12295 OF 2026 BETWEEN: 1. SHARADHA.S GOGI, W/O BHIMARAV @ SUJIT KUMAR DHANASHETTI, AGED ABOUT 34 YEARS, HOUSE WIFE, R/AT 1913/19, GURUKOTTURESHWARA NILAYA, 4TH MAIN, SWAMY VIVEKANANDA BADAVANE VIDYANAGARA, DAVANAGERE - 577 001. 2. BHIMARAV RAJKUMAR DHANASHETTI, S/O RAJKUMAR, AGED ABOUT 35 YEARS, BUSINESS, RESIDING AT NO. 1699/5, SHESHADRI NILAYA, SIDDAVEERAPPA BADAVANE, DAVANAGERE - 577 001 …PETITIONERS (BY SRI. RAJU C.N, ADVOCATE) AND: STATE BY AZAD NAGAR POLICE, DAVANAGERE, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010557132026 NC: 2026:KHC:50369 CRL.P No. 12295 of 2026 THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.44/2026 OF AZAD NAGAR POLICE DAVANAGERE, ON THE FILE OF 4TH ADDITIONAL CIVIL JUDGE AND JMFC DAVANAGERE FOR THE OFFENCE P/U 190, 314, 318, 336, 316, 319, 338, 61, 341 OF BNS. BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.12 and 14 in Crime No.44/2026 registered by Azad Nagar Police Station, Davanagere for the offences punishable under Sections 190, 314, 318, 336, 316, 319, 338, 61 and 341 of BNS 2023, are 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 - HC-KAR CNR: KAHC010557132026 NC: 2026:KHC:50369 CRL.P No. 12295 of 2026 3. FIR in Crime No.44/2026 was registered by Azad Nagar Police Station, Davanagere for the aforesaid offences against one Subramani R and others, based on the first information dated 27.02.2026 received from Sri. Rohith P.A., authorized representative of ICICI Bank, Davanagere branch. Apprehending arrest in the case, the petitioners had filed Crl.Misc.No.438/2026 before the jurisdictional Sessions Court, which was rejected on 06.06.2026. Therefore, they are before this Court. 4. A reading of the first information would reveal that accused Nos.1 to 3 named in the FIR are employees of the complainant-bank and accused Nos.4, 6, 8 and 10 are the borrowers. Accused Nos.5, 7, 9 and 11 are the co- applicants to the loan borrowed by accused Nos.4, 6, 8 and 10. The allegation in the first information is that, without properly scrutinizing the loan documents of accused Nos.4, 6, 8 and 10, the Officers of the Bank, namely, accused Nos.1 to 3 had sanctioned loans totally to - 4 - HC-KAR CNR: KAHC010557132026 NC: 2026:KHC:50369 CRL.P No. 12295 of 2026 the tune of Rs.2,07,00,000/- to the aforesaid borrowers and thereby cheated the bank. 5. It is further alleged that a portion of the amount which was sanctioned to the aforesaid borrowers was subsequently found to have been transferred to the bank account of the petitioners herein and it is under these circumstances they are also arrayed as accused in the present case. However, there is no allegation against them in the first information that they had approached the bank seeking sanction of loan to the borrowers or that, in any manner, they had participated in the alleged crime. 6. Learned counsel for the petitioners has submitted that the petitioners do not have any criminal antecedents and they are ready and willing to co-operate with the police for the purpose of investigation. 7. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively - 5 - HC-KAR CNR: KAHC010557132026 NC: 2026:KHC:50369 CRL.P No. 12295 of 2026 subject to appropriate conditions. Accordingly, the following : O R D E R i) The criminal petition is allowed. ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.44/2026 registered by Azad Nagar Police Station, Davanagere for the offences punishable under Sections 190, 314, 318, 336, 316, 319, 338, 61, 341 of BNS 2023, subject to the following conditions: a) 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. - 6 - HC-KAR CNR: KAHC010557132026 NC: 2026:KHC:50369 CRL.P No. 12295 of 2026 b) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) The petitioners shall not tamper with the prosecution witness and they shall co- operate with the police for investigation and appear before them whenever called upon. d) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SHS List No.: 1 Sl No.: 54