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2026 DAILYLAW 43728 (KAR)

SRI SATYASEKHARA VARA PRASAD UNDAVALLI v. STATE OF KARNATAKA BY

CRL.P/14179/2026 · 2026-09-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010632102026 NC: 2026:KHC:53371 CRL.P No. 14179 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14179 OF 2026 BETWEEN: SRI SATYASEKHARA VARA PRASAD UNDAVALLI @USSV PRASAD S/O SATYASEKHARA AGED ABOUT 58 YEARS RESIDING AT FLAT NO.404 SITE NO.06, SIVRMIST APARTMENTS SILVER SPRINGS LAYOUT MUNNEKOLLALU, KUNDALAHALLI MARATHAHALLI, DODDANEKKUNDI BENGALURU - 560 037. …PETITIONER (BY SRI SHANKAR H.S, ADV.) AND: STATE OF KARNATAKA BY SHANKARPURA POLICE STATION REP.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 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 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.75/2026 REGISTERED BY SHANKARPURA P.S., PENDING BEFORE THE IV ACJM, BENGALURU CITY, FOR THE OFFENCES P/U/S 316(2), 316(4), 318(2), 318(3), 319(2), 318(4), 322, 336(2), 338, 336(3), 340(2), 352, 351(2), 351(3) 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 - 2 - HC-KAR CNR: KAHC010632102026 NC: 2026:KHC:53371 CRL.P No. 14179 of 2026 ORAL ORDER 1. Accused No.3 in Crime No.75/2026 registered by Shakarpura Police Station, Bengaluru, for the offences punishable under Sections 316(2), 316(4), 318(2), 318(3), 319(2), 318(4), 322, 336(2), 338, 336(3), 340(2), 352, 351(2) and 351(3) 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. FIR in Crime No.75/2026 was registered by Shakarpura Police Station, Bengaluru, for the aforesaid offences after private complaint filed by the State Bank of India, Basavanagudi Branch, was referred to Shankarpura Police Station, Bengaluru, for the purpose of investigation. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.8183/2026 before the jurisdictional Sessions Court, which was rejected on 25.08.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010632102026 NC: 2026:KHC:53371 CRL.P No. 14179 of 2026 4. A reading of the averments found in the PCR would go to show that accused persons had borrowed home loan for the purpose of purchasing apartment and thereafter, had not repaid EMIs regularly. After issuing legal notice to the accused persons seeking repayment of the loan borrowed, complainant/Bank had approached the jurisdictional police, who had refused to register FIR on the ground that dispute between the parties is civil in nature. It is under these circumstances, complainant had filed a private complaint, which was referred to police and thereafter, FIR was registered in the present case. Considering the fact that dispute between the parties appears to be civil in nature and also since petitioner has undertaken to cooperate with the police for the purpose of investigation, the following order:- 5. 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.75/2026 registered by Shakarpura Police Station, Bengaluru, for the offences punishable under Sections 316(2), 316(4), 318(2), 318(3), 319(2), 318(4), 322, 336(2), 338, 336(3), 340(2), - 4 - HC-KAR CNR: KAHC010632102026 NC: 2026:KHC:53371 CRL.P No. 14179 of 2026 352, 351(2) and 351(3) 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. 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.: 68