SRI KETHAN ZAVERCHAND NAGADA v. STATE OF KARNATAKA
CRL.P/13652/2026 · 2026-09-19
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 41132 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 41132 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010608342026 NC: 2026:KHC:51504 CRL.P No. 13652 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13652 OF 2026 BETWEEN:
SRI KETHAN ZAVERCHAND NAGADA S/O ZAVERCHAND NAGDA AGED ABOUT 48 YEARS RESIDING AT NO. 206/3, LAKSHMI COURT, STATION ROAD, GREATER BOMBAY BANK LANE, WADALA (W) MUMBAI - 400 031. …PETITIONER (BY SRI NISHANTH NANDAGOPAL, ADV.) AND:
STATE OF KARNATAKA BY JAYAPRAKASH NAGARA POLICE STATION BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING, BENGALURU KARNATAKA - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER HEREIN ON ANTICIPATORY BAIL IN THE EVENT OF ARREST WITH RESPECT TO CR.NO.63/2026 REGISTERED BY THE RESPONDENT P.S. ARISING OUT OF PCR.NO.20519/2025 ON THE FILE OF IV ACJM, BENGALURU, FOR THE OFFENCES P/U/S 316, 318, 351, 352, 61 OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010608342026 NC: 2026:KHC:51504 CRL.P No. 13652 of 2026
ORAL ORDER
1. Accused No.1 in Crime No.63/2026 registered by Jayaprakash Nagar Police Station, Bengaluru, for the offences punishable under Sections 316, 318, 351, 352 and 61 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. Material on record would go to show that one Raghavendra Prasad Venkatesh had filed a private complaint before the Court of jurisdictional Magistrate against the petitioner and another and the said complaint was referred to the police by the learned Magistrate for the purpose of investigation and in turn, Jayaprakash Nagar Police had registered FIR in Crime No.63/2026 against the petitioner and another for the aforesaid offences. Apprehending arrest in the said case, petitioner had approached the jurisdictional Sessions Court in Crl.Misc.No.6125/2026, which was rejected on
02.07.2026. Therefore, he is before this Court. - 3 -
HC-KAR
CNR: KAHC010608342026 NC: 2026:KHC:51504 CRL.P No. 13652 of 2026
4.
A reading of the memorandum of complaint filed in the present case before the jurisdictional Court of Magistrate would go to show that complainant and the petitioner were close friends and were also roommates. It is alleged that petitioner had introduced his friend accused No.2 to the complainant and subsequently, complainant had invested huge money in the business of accused No.2, who had assured high returns to the complainant. The allegation in the complaint is that subsequently, accused persons had not paid the assured returns or money invested by the complainant. It is under these circumstances, he had filed a private complaint against accused persons. 5. During the course of arguments, learned counsel for the petitioner has submitted that petitioner has taken moral responsibility and subsequent to registration of FIR, a lien agreement has been registered between the petitioner and complainant where petitioner has undertaken to reimburse the money to the complainant in the event it is not recovered from accused No.2. Considering the aforesaid aspects of the matter, the nature of allegations found against the petitioner in the
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HC-KAR
CNR: KAHC010608342026 NC: 2026:KHC:51504 CRL.P No. 13652 of 2026
present case and taking into consideration that the alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:-
6. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.63/2026 registered by Jayaprakash Nagar Police Station, Bengaluru, for the offences punishable under Sections 316, 318, 351, 352 and 61 of BNS, 2023, subject to the following conditions:
1.
The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. - 5 -
HC-KAR
CNR: KAHC010608342026 NC: 2026:KHC:51504 CRL.P No. 13652 of 2026
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE
DN List No.: 1 Sl No.: 41