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2026 DAILYLAW 42750 (KAR)

MR JYOTHIS v. THE STATE BY

CRL.P/13116/2026 · 2026-09-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010592282026 NC: 2026:KHC:52186 CRL.P No. 13116 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13116 OF 2026 BETWEEN: MR. JYOTHIS AGED ABOUT 35 YEARS S/O LAKSHMANE GOWDA RESIDENT OF BICCHENALLI KOPPALU MIRLE HOBLI, SALIGRAMA MYSORE - 571 603. …PETITIONER (BY SRI PRAVEEN C, ADV.) AND: THE STATE BY CHAMARAJANAGAR TOWN POLICE STATION CHAMARAJANAGAR - 571 313 REPRESENTED BY THE S.P.P HIGH COURT BUILDING BENGALURU 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.1/2026 FOR AN ALLEGED OFFENCE P/US/ 318(4),316(2) OF BNS ON THE COMPLAINT OF ONE SHOBA REGISTERED IN CHARMARAJANAGAR TOWN POLICE STATION, NOW PENDING IN C.C.NO.479/2026 BEFORE THE LEARNED ADDL CIVIL JUDGE (Sr.Dn.) AND CJM COURT AT CHAMARAJANAGAR. 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 - 2 - HC-KAR CNR: KAHC010592282026 NC: 2026:KHC:52186 CRL.P No. 13116 of 2026 ORAL ORDER 1. Accused No.4 in Crime No.1/2026 registered by Chamarajanagara Town Police Station, Chamarajanagara District for offences punishable under Sections 318(4), 316(2) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.1/2026 registered by Chamarajanagara Town Police Station, Chamarajanagara District against one Mahadevaswamy and others for the aforesaid offences on the basis of first information dated 02.01.2026 received from Smt. Shobha C W/o Guruswamy M. Apprehending arrest in the said case, the petitioner, who is arrayed as accused no.4 in the charge sheet had filed petition before the jurisdictional Sessions Court in Crl.Misc.No.312/2026, which was heard and rejected on 04.08.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010592282026 NC: 2026:KHC:52186 CRL.P No. 13116 of 2026 4. Perusal of the material on record would go to show that, accused nos.1 and 2 who had established finance firm known as "Samagra Abhivrudhi' had collected money in the form of pigmy from the public. Accused nos.3 and 4 are employees of the said firm. Accused nos.1 and 2 who were arrested in the present case were granted regular bail by this Court in Crl.P.No.7595 of 2026 disposed of on 02.07.2026. In the said order in paragraph nos.4 and 5, it is observed as follows: "4. The allegation in the first information as well as in the charge sheet against the petitioners is that they had established a firm known as Samagra Abhivrudhi (Benefit Fund Nidhi) Ltd., and had collected money in the form of pigmy from the public, and thereafter, had not repaid the money collected from the public and thereby misappropriated the amount of Rs.20,49,000/-. 5. Investigation of the case is completed and charge sheet has been filed. It is brought to the notice of this Court that with similar allegations, two other cases are registered against the petitioners and in the said case, they have been already granted bail. In so far as the present case is concerned, the maximum punishment for the alleged offences is imprisonment for - 4 - HC-KAR CNR: KAHC010592282026 NC: 2026:KHC:52186 CRL.P No. 13116 of 2026 a period of seven years and the alleged offences are triable by the Court of Magistrate". 5. Subsequently, accused no.3 was granted regular bail by this Court in Crl.P.No.8298 of 2026 disposed of on 21.07.2026. It is brought to the notice of this Court by the learned counsel for the petitioner that with similar allegations two other cases were registered against the petitioner and other accused in the present case and in those two cases, the petitioner was arrested and enlarged on bail. 6. Considering the aforesaid aspects of the matter, the prayer made by the petitioner for grant of anticipatory bail needs to be granted. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) 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.1/2026 registered by Chamarajanagara Town Police Station, Chamarajanagara - 5 - HC-KAR CNR: KAHC010592282026 NC: 2026:KHC:52186 CRL.P No. 13116 of 2026 District for offences punishable under Sections 318(4), 316(2) of BNS, 2023, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness 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 NMS/List No.: 1 Sl No.: 71