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2026 DAILYLAW 7624 (KAR)

SRI. ANNAPPA v. THE STATE OF KARNATAKA

CRL.P/2434/2026 · 2026-03-23

S Rachaiah

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2434 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. ANNAPPA S/O. LATE CHANDRAPPA, AGED 44 YEARS, R/AT CHAMUNDIPURA VILLAGE, BELAGUMBA POST, RAMANAGARA TALUK, BENGALURU SOUTH DISTRICT-562 120. 2. SRI. ANNAPPA, S/O. LATE CHANDRAPPA, AGED 55 YEARS, R/AT C.M.C. LAYOUT, CHANNAPATNA, BENGALURU SOUTH DISTRICT-562 120. 3. SRI. AKASH, S/O. ANNAPPA, AGED 25 YEARS, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 C M C LAYOUT, CHANNAPATNA, BENGALURU SOUTH DISTRICT-562 120. …PETITIONERS (BY SRI. K A CHANDRASHEKARA.,ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF RAMANAGARA TOWN POLICE STATION, RAMANAGARA DISTRICT-562 159. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI.RANGASWAMY R.,HCGP) THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT THEM ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.95/2025 OF RAMANAGARA TOWN POLICE STATION, BENGALURU SOUTH DISTRICT, NOW PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, RAMANAGARA FOR THE OFFENCE P/U/S/ 316(2),318(4) R/W SEC.3(5) OF BNS 2023. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 ORAL ORDER The petitioners are arrayed as accused Nos.2 to 4 before this Court seeking anticipatory bail in Crime No.95/2025 filed by the respondent/police for the offences punishable under Sections 316(2) and 318(4 read with Section 3(5) of BNS, 2023 pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC Court, Ramanagara. 2. The case of the prosecution is that the complainant, Imran Ahammad, filed a complaint stating that the accused were running a finance business in the name and style of “Chandru Finance.” In the year 2023, they are stated to have approached the complainant and induced him to deposit money in the said financial institution on assuring him that he would receive good dividends. Believing their representations, the complainant subscribed the chits as a member, and he was paying a sum of Rs. 30,000/- per month. - 4 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 3. It is further alleged that the petitioners had approached even several other subscribers and induced them with similar promises, and collected huge amounts from them. However, the petitioners had failed to return the amount that was to be paid to the members/subscribers. Therefore, the present complaint. 4. Based on the complaint, a case has been registered in Crime No.95/2025 filed by the respondent/police and conducting the investigation. The investigation is in progress. 5. The submission of the learned counsel for the petitioners is that the petitioners are innocent of the alleged offences and they have been falsely implicated in the present case. It is contended that petitioner Nos. 1 and 2 are the brothers of accused No.1, and petitioner No.3 is the son of petitioner No.2. It is further submitted that petitioner No.1 is engaged in the real estate business at Ramanagar, while petitioner Nos. 2 and 3 are doing the - 5 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 cloth business at Channapatna. According to the learned counsel, the petitioners are in no way connected with the alleged finance business. However, they have been unnecessarily dragged into the case. 6. It is further submitted that the alleged offences are neither punishable with death nor with imprisonment for life, and the maximum punishment prescribed is imprisonment for a term which may be extended up to seven years. The petitioners may be enlarged on bail by imposing suitable conditions, and they abide by any conditions to be imposed by this Court in the event of their release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for the respondent/Police vehemently submitted that several innocent persons had deposited amounts as subscribers to the chits run by the accused. It is submitted that despite the subscribers having paid the entire - 6 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 subscription amounts, the accused deceived them by failing to repay the amounts due to them. 8. It is further submitted that the amount deposited by each subscriber is hard-earned money, and they are entitled to receive the same. However, the petitioners, with an intention to cheat the subscribers, have failed to repay the amounts due to them. It is therefore submitted that the petitioners are not entitled to the relief as prayed for. Hence, it is not appropriate to grant the relief as prayed for. Making such a submission, the Learned High Court Pleader prays to reject the petition. 9. Heard the learned counsel for the respective parties and perused the complaint and charge sheet. It appears from the record that the petitioners and accused No.1 are stated to have been running chit transactions at Ramanagar. The allegation is that the petitioners, along with another accused, have cheated the complainant and - 7 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 other subscribers by not refunding the amount deposited in the said chit transactions. 10. However, insofar as the submission of the learned counsel for the petitioners that accused No.1 alone was running the chit business and the business is standing in the name of the accused No.1 the that the present petitioners are in no way connected with the said business and have been falsely implicated is concerned, it is seen from the record that the Investigating Officer has not placed any material or collected any documents to prima facie to establish that the finance business was being run by these petitioners. In the absence of any documentary material connecting the petitioners with the alleged finance company or the chit transactions, it is appropriate to enlarge the petitioners on bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER - 8 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 i) The petition is allowed. ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No. 95/2025 filed by the respondent/police for the offences punishable under Sections 316(2) and 318(4) read with Section 3(5) of BNS, 2023 pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC Court, Ramanagara on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court. iii) The petitioners shall appear before the jurisdictional police within a period of one month from today to execute a personal bond and also to furnish surety. iv) The petitioners shall co-operate with the investigation till the filing of the final report. v) The petitioners shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. - 9 - HC-KAR NC: 2026:KHC:16154 CRL.P No. 2434 of 2026 vii) The petitioners shall not commit any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NM/bkm List No.: 1 Sl No.: 41