- 1 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 201 OF 2026 (439(2)(Cr.PC) / 483(3)(BNSS)) BETWEEN: STATE OF KARNATAKA BY SURTHKAL POLICE STATION. D.K.DISTRICT, MANGALURU 575 014. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560 001. …PETITIONER (BY SRI. RAHUL NAIK, HCGP) AND: 1. AHAMAD KURAIS S/O ABOOBAKKAR, AGED 35 YEARS, R/A GL 1/54, 1ST BLOCK, KAIKAMBA, KATIPALLA VILLAGE, MAR GALURU, D.K - 575 030. 2. NAZEER, S/O T ASANABBA, AGED ABOUT 43 YEARS, R/AT GL 2/7, 1ST BLOCK, KATIPALLA, MANGLAURU, DK575 030. …RESPONDENTS (BY SRI. NISHIT KUMAR SHETTY.,ADVOCATE FOR R1 AND R2) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO A. CANCEL THE ORDER GRANTING BAIL TO RESPONDENT/ACCUSED VIDE ORDER DATED 12.09.2025 PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA MANGALURU IN CRIME NO.107/2025 FOR THE OFFENCES P/U/S 316(2), 318(4) R/W 3(5) OF THE BNS 2023 U/S 21 OF THE BANNING OF UNREGULATED DEPOSIT SCHEMES ACT 2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER This petition is filed by the State under Section 483(3) of BNSS, 2023 praying to set aside the order dated 12.09.2025, passed by the Prl. District and Sessions Judge, D.K., Mangaluru in Crime No.107/2025. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.107/2025 was registered by the Surathkal Police Station, Mangaluru for the offences punishable under Section 316(2), 318(4) R/w Section 3(5) of BNS, 2023 and Under Section 21 of the Banning of Unregulated Deposit Schemes Act, 2019 (hereinafter referred to as "BUDS Act,2019"), based on the first - 3 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 information dated 16.08.2025 received from Sri. Shivaprasad son of Anand Salian. Respondent Nos.1 and 2 herein who are arrayed as accused Nos.1 and 2 in the aforesaid F.I.R., were arrested on 19.08.2025 and remanded to judicial custody. Learned Sessions Judge has granted regular bail vide impugned order dated 12.09.2025 to the respondent Nos.1 and 2 herein in the aforesaid case. Aggrieved by the same, State is before this Court. 4. Learned HCGP having reiterated the grounds urged in the petition submits that respondent Nos.1 and 2 are persons with criminal antecedents and the Trial Court without appreciating this aspect erred in granting regular bail. Gravity of the offence has not been considered by the trial Court. Accordingly, prays to allow the petition. 5. Per contra, learned counsel for respondent Nos.1 and 2 has argued in support of the order impugned. He submits that prior to the present case, three cases - 4 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 registered against accused No.1 were for the offences punishable under Section 323, 353, 307 of IPC etc. and the said three cases were registered during the year 2014 and 2016. As against accused No.2, one case is registered in the year 2016 for the offence punishable under Section 323 of IPC. Respondent Nos.1 and 2 do not have any other cases registered against them of similar nature. They have complied with all the bail conditions and have cooperated for the purpose of investigation. 6. It is not in dispute that respondents have throughout cooperated before the investigating officer for the purpose of investigation and they have also complied with all the bail conditions till date. 7. Allegations against the accused persons in the present case is that they had floated a scheme and the first informant who had come across the said scheme had visited the office of the accused persons on 18.05.2024 and had enquired about the same with the accused persons. Thereafter, periodically he had invested - 5 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 Rs.1,000/- per month in cash. The accused persons who had assured to give lucky prizes and also the money deposited by the subscribers of the said scheme, allegedly have failed to honor their commitment. 8. It is under these circumstances, first informant approached the Surathkal Police Station. After the FIR was registered, respondent Nos.1 and 2 were taken to the police custody on 19.08.2025 and the police thereafter had produced them before the Trial Court and requested to remand them to judicial custody. 9. Learned Sessions Judge considering the fact that the accused persons were not required for the purpose of investigation and the maximum punishment for the alleged offences is imprisonment for a period of seven years, by a well reasoned order dated 12.09.2025 has granted regular bail to the accused persons in Crime No.107/2025, registered for the aforesaid offences. - 6 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 10. It is not in dispute that the respondent Nos.1 and 2 have complied with the bail conditions including marking their attendance regularly twice in a month as directed by the learned Sessions Judge while granting regular bail to them. 11. Learned counsel for the respondent Nos.1 and 2 has brought to the notice of this Court that as against accused No.1, there were three cases registered during the year 2014 to 2016 and thereafter no cases were registered against him. He also brings to the notice of this Court that the said three cases, which were registered against him were for the offences punishable under Sections 324, 353, 307 of IPC. So far as accused No.2 is concerned, the only case which was registered against him was in the year 2016 for the offences punishable under Sections 324. It is not in dispute that in the earlier cases registered against respondent Nos.1 and 2, they have been enlarged on bail. It is also not in dispute that prior to the present case, no - 7 - HC-KAR CNR: KAHC010009252026 NC: 2026:KHC:52539 CRL.P No. 201 of 2026 similar case was registered against respondent Nos.1 and 2 herein. 12. Under the circumstances, I am of the opinion that, the impugned order 12.09.2025, passed by the Prl. District and Sessions Judge, D.K., Mangaluru in Crime No.107/2025, registered by the Surathkal Police Station, Mangaluru for the offences punishable under Section 316(2), 318(4) R/w Section 3(5) of BNS, 2023 and Section 21 of the Banning of Unregulated Deposit Schemes Act, 2019, does not call for interference. 13. Accordingly, petition is dismissed. SD/- (S VISHWAJITH SHETTY) JUDGE RL List No.: 1 Sl No.: 29