- 1 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16708 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: 1. SRI. YATISH KUMAR N. S/O SRI. NAGARAJ, AGED ABOUT 34 YEARS, RESIDING AT NO.912, 35TH MAIN ROAD, 9TH CROSS, J.P. NAGAR I PHASE, BENGALURU - 560 078. 2. SRI. ARVIND G. NAIK S/O SRI. GANGADHAR NAIK, AGED ABOUT 38 YEARS. RESIDING AT NO.51, 4TH MAIN, 2ND CROSS, SRINIVASNAGAR, BSK 3RD STAGE, BENGALURU - 560 085. …PETITIONERS (BY SRI. AJIT KALYAN, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE SHANKARPURA POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT PRE ARREST PROTECTION BY WAY OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONERS FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.20/2024 IN XXXVII ADDITIONAL CMM COURT, BANGALORE CITY, REGISTERED BY THE SHANKARPURA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 420, 465, 468 AND 471 OF IPC. 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.1 and 2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.20/2024 of Shankarpura Police Station registered for offences punishable under Sections 120B, 420, 465, 468 and 471 of Indian Penal Code. - 3 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioners would contend that, earlier the petitioners have been granted anticipatory bail by the Sessions Court in Criminal Miscellaneous No.6159/2024 by order dated 10.07.2024. The said order granting anticipatory bail has been cancelled by the Sessions Court in Criminal Miscellaneous No.8014/2025 by order dated 10.11.2025 on the ground that the petitioners have not complied the condition imposed while granting anticipatory bail to appear before the Investigating Officer. The petitioners who were earlier in Bengaluru have been shifted to Andhra Pradesh for their work and there was no intention on the part of the petitioners in non-compliance of the condition to appear before the Investigating Officer and cooperate in investigation. With these, he prayed to allow the petition. - 4 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioners have forged the documents, impersonated a person in the name of Harish Kumar and availed a loan of Rs.1,29,48,500/-. The petitioners have not paid EMI and the said loan has become NPA. On verification by the bank authorities, there was no any construction of the building. The petitioners have filed affidavit at the time of availing loan. The Investigating Officer has issued a notice to the petitioners twice and they have not appeared before the Investigating Officer for enquiry/investigation. There is an intentional violation of the condition. The petitioners have used the said loan amount. The petitioners are not entitled for grant of anticipatory bail for the second time in the same crime. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. - 5 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 6. A case has been registered against the petitioners in Crime No.20/2024 of Shankarapura Police Station for offences under Sections 120B, 420, 465, 468, 471 of IPC. The petitioners have approached the Sessions Court for grant of anticipatory bail in Criminal Miscellaneous No.6159/2024 and the Sessions Court has granted anticipatory bail by order dated 10.07.2024 by imposing the following conditions: "1. That the petitioners shall appear before the I.O. within 30 days from the date of this order and shall co-operate in the matter of investigation or whenever called by the I.O. 2. That the petitioners shall mark their attendance once in 30 days preferably on 2nd Saturday in between 10.00 a.m. to 5.00 p.m. before the Jurisdictional Police till filing the final report." 3. That the petitioners shall not hold any threat to the complainant and shall not tamper with any of the prosecution witnesses directly or indirectly. 4. That the petitioners shall furnish their residential address proof and that of their surety. - 6 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 5. That the petitioners shall not indulge in similar type of offences in future. 6. That the petitioners shall appear before the trial court regularly without fail on receipt of the summons. 7. That if the petitioners fails to obey any of the above said conditions, then this bail order automatically stands canceled." The petitioners have not complied with condition No.2 stated above. The prosecution has filed an application under Section 439(2) of Cr.P.C seeking cancellation of anticipatory bail granted to the petitioners in Criminal Miscellaneous No.8014/2025. In the order passed in the said case dated 10.11.2025, the anticipatory bail granted to the petitioners has been cancelled. Therefore, the petitioners are before this Court seeking grant of anticipatory bail. The petitioners have not challenged the order dated 10.11.2025 passed in Criminal Miscellaneous No.8014/2025 where under, the anticipatory bail granted in their favour has been cancelled. Without - 7 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 challenging the said order, the petitioners have approached this Court seeking grant of anticipatory bail. 7. The petitioners once have been granted anticipatory bail with conditions, the petitioners have not complied with said conditions. Therefore, the anticipatory bail granted to the petitioners has been cancelled. Due to the non-compliance of the conditions by the petitioners, the investigation of the case has not been progressed. 8. The petitioners contended that, they have shifted to Andhra Pradesh for their work and therefore, they could not appear before the Investigating Officer for complying condition No.2. The learned counsel for petitioners has not placed on record any materials to show that the petitioners are shifted to Andhra Pradesh. Even though the petitioners are shifted to Andhra Pradesh for their work, the condition imposed is to appear before the Investigating Officer on second Saturday of every month till filing of the final report. The said condition imposed is - 8 - HC-KAR NC: 2026:KHC:4431 CRL.P No. 16708 of 2025 to appear before the Investigating Officer on a holiday. Even the petitioners were working in another place, they ought to have appeared before the Investigating Officer and complied the said condition. Therefore, it cannot be said that there was no intention on the part of the petitioners in non-compliance of the said condition. 9. Considering all the above aspects, the petitioners have not made out any grounds for grant of anticipatory bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 20