- 1 - HC-KAR CNR: KAHC010662892026 NC: 2026:KHC:54470 CRL.P No. 14787 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14787 OF 2026 BETWEEN: DIMPLE @ DIMPLE AGARWAL AGED ABOUT 33 YEARS RESIDING AT #142-143 4TH FLOOR, SECTOR 34-A CHANDIGARH - 160 022. …PETITIONER (BY SRI LALITH KUMAR R, ADV.) AND: THE STATE OF KARNATAKA BY HSR LAYOUT POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER, DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CRIME NO. 258/2026 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 316(1), 318(4), 336(3), 340(2), 351(2), 61(2) R/W 3(5) OF BNS 2023, PENDING ON THE FILE OF THE HONBLE 3RD ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010662892026 NC: 2026:KHC:54470 CRL.P No. 14787 of 2026 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.2 in Crime No.258 of 2026 registered by HSR Layout Police Station, Bengaluru City for offences punishable under Sections 316(1), 318(4), 336(3), 340(2), 351(2), 61(2) and 3(5) 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.258 of 2026 was registered by HSR Layout Police Station, Bengaluru City for the aforesaid offences against Smt. Shweta Arora and the petitioner herein, after the private complaint filed by one Sri Omkar Singh, was referred to police by the Court of jurisdictional Magistrate. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.9083 of - 3 - HC-KAR CNR: KAHC010662892026 NC: 2026:KHC:54470 CRL.P No. 14787 of 2026 2026 before the jurisdictional Court, which was rejected on 18.09.2026. Therefore, she is before this Court. 4. A reading of the private complaint in the present case would reveal that, the complainant claims himself to be the authorized representative of one Mr. Andrew Briganza. 5. It is relevant to note here that Mr. Andrew Briganza who is the aggrieved party is not the complainant in the present case. But one Mr. Omkar Singh claiming to be the authorized representative of Mr. Andrew Briganza has filed private complaint. Allegation in the private complaint is that accused nos.1 and 2 had collected money from Mr. Andrew Briganza for the purpose of providing him a Canadian visa and also with an assurance of job placement at Canada. 6. It is alleged that accused nos.1 and 2 had collected money from Mr. Andrew Briganza, subsequently had failed to honour their commitment and when Mr. Andrew Briganza requested them to refund the money, they allegedly had threatened him. In the memorandum of complaint itself, it is - 4 - HC-KAR CNR: KAHC010662892026 NC: 2026:KHC:54470 CRL.P No. 14787 of 2026 stated that though Mr. Andrew Briganza had approached the jurisdictional police, they had refused to register a FIR based on his complaint. In the private complaint, which is now filed there is no such allegation that accused persons at inception itself had collected money from Mr. Andrew Briganza with an intention to cheat him. 7. The petitioner, who is a lady, aged about 33 years has undertaken to cooperate with the police for the purpose of investigation. She has no criminal antecedents. The alleged offences are triable by the Court of Magistrate. Maximum punishment for the same is imprisonment for a period of seven years. Under the circumstances, 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 her arrest in Crime No.258 of 2026 registered by HSR Layout Police Station, Bengaluru City for offences punishable - 5 - HC-KAR CNR: KAHC010662892026 NC: 2026:KHC:54470 CRL.P No. 14787 of 2026 under Sections 316(1), 318(4), 336(3), 340(2), 351(2), 61(2) and 3(5) 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 investigating officer/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 she 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. - 6 - HC-KAR CNR: KAHC010662892026 NC: 2026:KHC:54470 CRL.P No. 14787 of 2026 In view of the disposal of the main petition, I.A.No.1/2026 will not survive for consideration. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 85