- 1 - HC-KAR NC: 2026:KHC:3502 CRL.P No. 15905 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15905 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI MOHAMMED NISHAR AGED ABOUT 36 YEARS S/O K RAHIM, R/AT No. 1011 SAI MANJAI HEIGHTS VIDYA GIRI MOODABIDRI D K, DISTRICT - 574 227. …PETITIONER (BY SRI ASHOK KUMAR SHETTY K, AND SMT. HALEEMA AMEEN, ADVOCATES) AND: 1. STATE BY MANGALURU EAST POLICE MANGALURU D K REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME No.130/2025 ON THE FILE OF THE 6TH JMFC COURT, MANGALURU CITY, D.K. REGISTERED BY THE RESPONDENT POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 316(5), 318(2), 318(3) R/W 3(5) OF BNSS 2023. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3502 CRL.P No. 15905 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.3 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.130/2025 of Mangaluru East of Police Station registered for offences punishable under Sections 316(2), 315(5), 318(2), 318(3) read with Section 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the allegation against petitioner is that accused No.2 has availed loan and has transferred a sum of Rs.35,00,000/- to the account of this petitioner and the petitioner is Proprietor of N.N. Enterprises. The said - 3 - HC-KAR NC: 2026:KHC:3502 CRL.P No. 15905 of 2025 allegation is not correct and the petitioner is not the proprietor of N.N. Enterprises and he has not received any money from the account of accused No.2. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner undertakes to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With this, she prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the petitioner is required for custodial interrogation as there is an allegation that huge amount of Rs.35,00,000/- has been transferred by accused No.2 to the firm's account for this petitioner -accused No.3. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused FIR, complaint and other materials placed on record. - 4 - HC-KAR NC: 2026:KHC:3502 CRL.P No. 15905 of 2025 6. As per averments of the complaint, the case of the prosecution is that, accused No.2 is the proprietor of M/s Electro World Enterprises, and he obtained a loan from the bank by furnishing fake documents and did not use the loan amount for the purpose for which loan has been granted. Accused No.2 is alleged to have transferred Rs.35,00,000/- to this petitioner –accused No.3 and other amount to other accused. It is contented by the counsel for petitioner that petitioner is not the Proprietor of N.N. Enterprises to which Rs.35,00,000/- has been transferred by accused No.2. The said allegation requires investigation. The petitioner has undertaken to cooperate with Investigating Officer in investigation. Offences alleged against the petitioner are not punishable either in death or imprisonment for life. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. - 5 - HC-KAR NC: 2026:KHC:3502 CRL.P No. 15905 of 2025 7 In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.130/2025 of Mangaluru East of Police Station registered for offences punishable under Sections 316(2), 315(5), 318(2), 318(3) read with Section 3(5) of BNS subject to following conditions: a) The petitioner –accused No.3 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.3 shall appear before the Investigating Officer whenever called for and co-operate for investigation. - 6 - HC-KAR NC: 2026:KHC:3502 CRL.P No. 15905 of 2025 c) The petitioner –accused No.3 shall appear before the Investigating Officer on every first and third Sunday of each month for a period of 02 months or till filing of the final report whichever is earlier. d) The petitioner –accused No.3 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 17 Ct.sm