- 1 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.918 OF 2026(438(Cr.PC)/ 482(BNSS)) BETWEEN: 1. SASHI KUMAR @ SHASHI BHUSAN KUMAR S/O. RAMACHANDRA PRASAD SINGH, AGED ABOUT 34 YEARS, OCCUPATION: MECHANICAL ENGINEER. 2. SMT. DEEPALI JAIN W/O. SASHI BHUSAN KUMAR AGED ABOUT 32 YEARS, OCCUPATION: TAX PRACTITIONER. BOTH RESIDING AT NO.136, 9TH CROSS, TELECOM LAYOUT, HBR LAYOUT, BANGALORE NORTH, BENGALURU - 560 043. …PETITIONERS (BY SRI. PRAVEEN KUMAR. N.K., ADVOCATE FOR SRI. MOHUMED SADIQH B.A., ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 AND: STATE BY HENNUR POLICE STATION, BANASAWADI SUB-DIVISION, BENGALURU. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS / ACCUSED NO.1 AND 2 IN CR.NO.574/2025 OF HENNUR POLICE STATION, FOR THE OFFENCES P/U/S 318(4), 351(2), R/W 3(5) OF THE BNS WITH IS NOW PENDING ON THE FILE OF THE XI ACJM, BANGALORE CITY AND THE C/C XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL PETITION ON 14.01.2026 IN CRL. MISC.NO.25010/2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 ORAL ORDER The petitioners/accused Nos.1 and are before this Court seeking for anticipatory bail in Crime No.574/2025 of Hennur Police Station for the offences punishable under Sections 318(4), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XI Additional Chief Judicial Magistrate, Bangalore City. 2. The case of the prosecution is that a complaint came to be registered by the complainant, Mr. Sumit Gaur, stating that the petitioners were known to him for the past several years owing to a long-standing friendship, it is alleged that in the month of May 2024, the petitioners approached the complainant on the pretext that they were the owners of SGI Group of Institutions situated at Sunkadakatte, Bangalore–91. 3. It is further stated that they had strong contacts with several medical colleges and ready to - 4 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 facilitate admission for students who were interested in pursuing medical education. Accordingly, it is stated that the complainant introduced his friends to the petitioners. It is alleged that ten students along with their parents contacted the petitioners and paid almost a sum of Rs.1,45,00,000/- to secure medical seats to the children in the respective colleges. After receiving the said amount, the petitioners herein neither secured admission for the aspirants in any medical college nor refunded the amounts paid by them. 4. It is further submitted that the parents of the candidates began pressurising the complainant to repay the amount and threatened him with dire consequences. It is also alleged that when the complainant approached the petitioners seeking to return the money, they also threatened him with dire consequences. Hence, he has filed a complaint before the respondent/police. - 5 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 5. The respondent police after registering the case conducted investigation. The investigation is under process. 6. The submission of the learned counsel for the petitioners is that the allegations are baseless and bald. In fact, the petitioners have been implicated falsely in this case. It is contended that the dispute is purely of a commercial nature arising out of a loan transaction between petitioner No.1 and the complainant. 7. It is submitted that the petitioner No.1 has already repaid the entire amount allegedly borrowed from the complainant. It is further contended that the petitioner No.2, being a wife of the petitioner No.1, is in no way connected with the alleged business or loan transactions. It is also submitted that there is no material evidence to indicate that the petitioners had borrowed or received a sum of Rs.1,45,00,000/- from the complainant as alleged in the complaint. - 6 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 8. The learned counsel for the petitioners further submits that the petitioners are innocent of the alleged offences. They are the permanent residents of the address stated in the cause title. They are having deep roots in the society. They will co-operate with investigation as and when it is required. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. Making such submission, he prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the averments made in the complaint would indicate that the petitioners had received a sum of Rs.1,45,00,000/- from the complainant and his friends for the purpose of securing medical seats for the aspirants. However, the petitioners failed to secure admission for the students in the respective medical colleges. It is further contended that after having received the said amount, the petitioners neither secured admission for the aspirants in - 7 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 the medical colleges nor refunded the amount to the complainant and his friends. 10. It is submitted that the investigation is still in progress and requires to be conducted in a fair and proper manner by the competent authority. If the petitioners are enlarged on bail at this stage, it may hamper the fair investigation of the case. Therefore, it is not appropriate to grant bail to the petitioners. Making such submissions, he prays to reject the petition. 11. Heard the learned counsel for the respective parties and also perused the averments of the complaint. 12. The averments of the complaint would indicate that the petitioners and the complainant are the friends for the past several years. It is alleged that the petitioners have received the amount for the purpose of securing the medical seats to the aspirants who are willing to pursue medical education. However, it is alleged that petitioners - 8 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 did not keep up their promises. Therefore, the complainant filed this complaint. 13. Be that as it may, the contention raised by the learned counsel for the petitioners is that, the transaction is purely a loan transaction between the complainant and the petitioners. In fact, the petitioner No.1 has already repaid the amount received from the complainant. 14. It appears that there is a contractual obligation between the petitioner and the complainant. The complainant though alleged that he had paid amount of Rs.1,45,00,000/- the fact remains that there is no proof to substantiate the same. Hence, it is appropriate to grant them bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 15. Hence, I proceed to pass the following: ORDER i) The petition is allowed. - 9 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.574/2025 of Hennur Police Station for the offences punishable under Sections 318(4), 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned XI Additional Chief Judicial Magistrate, Bangalore City on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the like-sum to the satisfaction of the Trial Court. iii) The petitioners shall appear before the Investigating Officer within one month from today. iv) The petitioners shall cooperate with the investigation as and when it is required. v) The petitioners shall not threaten the prosecution witnesses. vi) The petitioners shall appear before the Trial Court on all hearing dates. vii) The petitioners shall not leave the country without prior permission of the Trial Court. - 10 - HC-KAR NC: 2026:KHC:14821 CRL.P No. 918 of 2026 (viii) The petitioner shall not commit any criminal cases till disposal of the case. In case, if 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/bkm List No.: 1 Sl No.: 29