- 1 - HC-KAR NC: 2026:KHC:3503 CRL.P No. 16047 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. 16047 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SHRI K K ABDULLA KUNHI AGED ABOUT 65 YEARS S/O ABDUL RAHIM R/AT K.K.RAHIM MANZIL BOMBRANA VIA KUMBLA KASARAGOD, MANJESHWARA TALUK KERALA - 671 321. 2. SHRI ABDUL RAHIM K K AGED ABOUT 37 YEARS S/O K.K.ABDULLA KUNHI R/AT K.K.RAHIM MANZIL BOMBRANA VIA KUMBLA KASARAGOD, MANJESHWARA TALUK KERALA - 671 321. …PETITIONERS (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. STATE BY DK CEN CRIME POLICE MANGALURU D.K REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU- 560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3503 CRL.P No. 16047 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER No.1 AND 2 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME No.51/2024 OF DK CEN CRIME PS ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, BELTHANGADY REGISTERED BY THE RESPONDENT POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 61(2) AND 318(4) BHARATIYA NAGARIKA SURAKSHA SANHITA 2023. 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 accused Nos.2 and 3 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.51/24 of DK CEN. Crime Police Station registered for offences punishable under Sections 61(2) and 318(4) of BNS. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for petitioners would contend that petitioner No.1 is running tours and travel agency in - 3 - HC-KAR NC: 2026:KHC:3503 CRL.P No. 16047 of 2025 the name of All Madeena Tours and Travel, Market Road, Kumbla, Kasargudu and petitioner No.2 -accused No.3 is the son of petitioner No.1 -accused No.2. There is no role of these petitioners in receiving any amount from the complainant and undertaking to get them job in foreign countries. The said allegation is against accused Nos.1 and 4. The petitioners are ready to co-operate with the police 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 Travel Agency of petitioners has been closed. The petitioners and other accused have cheated several persons in the guise of providing job in foreign countries. There is conspiracy between accused persons. The petitioners are required for custodial interrogation. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2026:KHC:3503 CRL.P No. 16047 of 2025 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on the record. 6. The allegation in the complaint is that accused No.1 promised to complainant to get a job and make travel arrangements received the money and sent them to Malaysia and as there were no proper immigration documents, complainant has been sent back to India. The allegation against petitioner No.1 -accused No.2 is that he is running travel agency by name All Madeena Tours and travels, Market Road, Kumbla, Kasargud. Petitioner No.2 - accused No.3 is the son of accused No.2. Only his phone number has been mentioned wherein accused No.1 has stated that he will be available in office. There is no allegation against these petitioners having received the money from the complainant. Petitioners are ready to cooperate with the police in investigation and abide by any conditions to be imposed by this Court. Offences alleged against the petitioners are not punishable either with - 5 - HC-KAR NC: 2026:KHC:3503 CRL.P No. 16047 of 2025 death or imprisonment for life. There are no criminal antecedents of the petitioners. Considering the above aspects, the petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.51/24 of DK CEN. Crime Police Station registered for offences punishable under Sections 61(2) and 318(4) of BNS subject to following conditions: a) Petitioners –accused Nos.2 and 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/- each with one surety for the like sum to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2026:KHC:3503 CRL.P No. 16047 of 2025 b) Petitioners –accused Nos.2 and 3 shall appear before the Investigating Officer whenever called for and co-operate for investigation. c) Petitioners –accused Nos.2 and 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) Petitioners –accused Nos.2 and 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.: 23 Ct.sm