Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 8061 (KAR)

DARSHAN M R v. THE STATE OF KARNATAKA

CRL.P/501/2026 · 2026-03-23

S Rachaiah

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 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. 501 OF 2026 (438(Cr.PC)/482(BNSS)) BETWEEN: DARSHAN M R AGED ABOUT 27 YEARS S/O RAJAPPA M D R/AT MOLIAYANAHUNDI VILLAGE GUNDLUPETE TALUK CHAMARAJANAGAR DISTRICT – 571 111 …PETITIONER (BY SRI. P NATARAJU., ADVOCATE) AND: THE STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 of 2026 HIGH COURT BUILDING BENGALURU - 560001 …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED UNDER SECDTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ELARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.292/2025 REGISTERED BY THE SUDDAGUNTEPALYA P.S., BENGALURU, FO THE OFFENCE PUNISHABLE UNDER SECTION 318(4) OF BNS, UNDER SECTION 66(C) OF I.T ACT, PENDING ON THE FILE OF THE LEARNED CMM COURT, NRUPATUNGA ROAD, BENGLAURU, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner is seeking anticipatory bail in Crime No.292/2025 of Suddaguntepalya Police Station for the offences punishable under Section 318(4) of Bharatiya Nayay Sanhita, 2023 and Section 66(C) of I.T. Act pending on the file of the learned CMM Court, Nrupatunga Road, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 of 2026 FACTS OF THE CASE: 2. The case of the prosecution is that the complainant and his sister-in-law had approached the accused for the purpose of availing a loan. The accused assured him that he would arrange a loan from Bajaj Finance. It is alleged that he has taken signatures, mobile phone number and other necessary documents stating that he would arrange the loan from the Bajaj Finance Company. It is further alleged that he had misused the innocence of the complainant, and others got transferred Rs. 2,02,000/- and again Rs. 50,000/-. 3. It is further alleged that the petitioner had withdrawn the amount of Rs. 6,50,000/- from the loan account of the complainant and his sister-in-law. Hence, the complaint. 4. Based on the said complaint, the respondent/police have registered the case. The investigation is under progress. - 4 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 of 2026 5. The submission of the learned counsel for the petitioner is that the petitioner is innocent of the alleged offences. The allegations made against him are baseless and false. The petitioner would cooperate with the investigation as and when it is required and will assist the Investigative Officer in filing the final report. It is further submitted that the petitioner is an earning member of the family. He is aged about 27 years. He is a permanent resident of Gundlupete Taluk, Chamarajanagar District. He will abide by the conditions to be imposed by this Court in the event of his release. The learned counsel further submitted that he is the first offender and has no criminal antecedents. Therefore, he may be released on bail. Making such a submission, learned counsel for the petitioner prays to allow the petition. 6. The learned High Court Government Pleader for the respondent/State vehemently submitted that the intention to defraud the complainant and sister-in-law is very clear from the averments of the complaint. The petitioner had induced both the complainant and his - 5 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 of 2026 sister-in-law and withdrawn a sum of Rs. 6,50,000/- without their consent and committed fraud on them. As the petitioner has committed a heinous offence against innocent people, it is not appropriate to grant him bail. Making such a submission, the learned High Court Government pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and perused the averments of the FIR and the complainant. It would indicate that the complainant and his sister-in-law had approached the accused for the purpose of availing a loan. The accused induced them and assured them that he would arrange finance through Bajaj Finance Limited. 8. On that pretext, the petitioner had obtained their signatures and collected their PAN card and Aadhaar card details. Thereafter, he has fraudulently withdrawn an amount of Rs. 6,50,000/-. 9. Be that as it may, the offences alleged against him are not punishable with death or imprisonment for life. If suitable conditions are imposed, that would take care of the apprehension of the prosecution. Hence, it is - 6 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 of 2026 appropriate to grant him bail by considering the facts and circumstances of the case. 10. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in the event of his arrest Crime No.292/2025 of Suddaguntepalya Police Station for the offences punishable under Section 318(4) of Bharatiya Nayay Sanhita, 2023 and Section 66(C) of I.T. Act pending on the file of the learned CMM Court, Nrupatunga Road, Bengaluru on executing a personal bond for the like sum to the satisfaction of the Investigating Officer. iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute a personal bond and also to furnish surety. - 7 - HC-KAR NC: 2026:KHC:16110 CRL.P No. 501 of 2026 iv) The petitioner shall co-operate with the investigation till the filing of the final report v) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner 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 BKM List No.: 1 Sl No.: 7