AJAY KUMAR ARYA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:9940
CRL.P No. 201203 of 2026
CNR: KAHC030088892026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ST
DATED THIS THE 21 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.201203 OF 2026
(438(Cr.PC)/482(BNSS))
BETWEEN:
1. AJAY KUMAR ARYA S/O SRI LAJPAT ARYA,
AGED ABOUT 26 YEARS,
RESIDING AT C/O LAJPAT ARYA,
SRI GANGANAGAR 3 Y, SRI GANGANAGAR,
RAJASTHAN – 335 001.
2. SOURABH CHAWLA S/O SRI RAMESH KUMAR,
AGED ABOUT 24 YEARS,
RESIDING AT C/O RAMESH KUMAR,
WARD NO.5, V P O CHUNAWADH,
GANGANAGAR, SRI GANGANAGAR,
RAJASTHAN-335 001.
3. KARAMJEET SINGH S/O SRI MALKEET
SINGH, AGED ABOUT 29 YEARS,
RESIDING AT C/O MALKEET SINGH,
VPO KALIYAN, SRI GANGANAGAR,
RAJASTHAN-152 132.
4. RAJINDRA KUMAR S/O SRI PRAM KUMAR,
AGED ABOUT 33 YEARS,
RESIDING AT C/O PRAM KUMAR,
WARYAM KHERA, FAZILKA (FIROZPUR),
PUNJAB-152 116.
5.
BALJEETH SINGH S/O SRI GURCHARAN SINGH,
AGED ABOUT 50 YEARS,
RESIDING AT C/O GURCHARAN SINGH,
SHERGARH, FIROZPUR, PUNJAB-152 132.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 201203 of 2026
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6. SALONI W/O SRI SOURABH CHAWLA,
AGED ABOUT 32 YEARS, RESIDING AT NO.143,
HARIJAN BASTI, VILLAGE MUNDARIYA BARA,
MUNDARIYA BARA, HANUMANGARH,
RAJASTHAN- 335 502.
…PETITIONERS
(BY SRI. SYED ASIF IQBAL, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY GOLGUMBAZ P.S., VIJAYAPURA,
THROUGH THE
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI.
…RESPONDENT
(BY SRI. SIDDALING P. PATIL, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023/
SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973,
PRAYING TO, A) GRANT ANTICIPATORY BAIL TO THE
PETITIONERS UNDER SECTION 482 BNSS/ SECTION 438
CR.P.C. IN CRIME NO.91/2023 GOLGUMBAZ P.S., DIRECTING
THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON
BAIL IN THE EVENT OF THEIR ARREST FOR THE PUNISHABLE
U/SEC.420, 417 OF IPC ON FILE OF PENDING BEFORE PRL.
CIVIL JUDGE (SR.DN) AND CJM COURT, BIJAPUR AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-K:9940
CRL.P No. 201203 of 2026
CNR: KAHC030088892026
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Learned counsel for the petitioners appears
through video conference.
2. Heard learned counsel for the petitioners and
also learned Additional State Public Prosecutor (for
short, ‘Addl. SPP’) on the petition. Perused the relevant
materials on record.
3. This petition is filed by the petitioners/
accused No.1 to 6 under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 for granting
anticipatory bail in their favour directing the respondent
Police to release them on bail in the event of their arrest
in the case in Crime No.91/2023 of the respondent
Police for the offences punishable under Sections 417
and 420 of Indian Penal Code (for short ‘IPC’) pending
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before the learned Principal Senior Civil Judge and
CJM, Vijayappur.
4. The learned Addl. SPP has filed statement of
objections to the petition in detail and for the reasons
stated therein, he has prayed for dismissal of the
petition. Moreover, the learned Addl. SPP has also
produced report of the Investigating Officer along with
documents regarding the investigation done in the case.
5. The case alleged against the petitioners is
that the petitioners cheated general public i.e., the
complainant and other 135 people by making them to
believe that if they invested amount with ‘CAPPMORE
WEALTH MANAGAER’, which belongs to the petitioners
and in this regard, they created App called
‘CAPPMOREFX’ and on such investment, they would get
the instant return, which would reflect in the said App
in the mobile phone of the victims/ investors.
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Through the said App, the petitioners by cheating the
public, used to convince the investors/ victims to invest
with them stating that they would get more profit.
Thereafter, for some time, the petitioners gave return to
the investors and they used to send message of such
return of investment to the mobile phones of the
victims. The petitioners did the same for almost for the
period of 1½ years and during the said period, they
cheated approximately 136 persons including the
complainant to the tune of Rs.10,69,79,958/- and there
will be chance of increase in the number of victims/
investors after further investigation.
6. When the matter stood thus, on 27.06.2023,
the investors/victims were not allowed to withdraw their
amount. At that time, the petitioners assured them that
they would set right the problem. Hence, all the victims
kept quiet for some time. Finally on 16.09.2023, the
complainant and other investors realized that the
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petitioners switched off their mobile phones and they
were not found at the regular place i.e., Mayura Adil
Shahi and Gold Heights Hotels, Vijayapur and their
whereabouts are not known to anybody. Hence, the
petitioners cheated the investors and thereby, they
committed the alleged offence.
7. The contention of the petitioners is that they
are innocent of the offences alleged against them and
they have not committed any offence. However, the
investigation is under process and it is yet to be
completed. Moreover, at this stage, as per the
submission of the learned Addl. SPP, the investors
including the complainant were cheated by the
petitioners to the extent of Rs.10,69,79,958/- and there
is chance that the said amount might be increasing and
also number of victims might also be increasing in the
further investigation of the case. Therefore, the
contention of petitioners that they are innocent of the
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offences alleged against them does not merit
consideration at this stage.
8. Moreover, the petitioners have produced copy
of the complaint received by respondent Police under
Section 41(A) of Criminal Procedure Code, wherein as
admitted by the learned counsel for the petitioners, it is
mentioned that, ‘Although you are not being placed
under arrest at this stage in respect of the aforesaid
case, you are directed to comply with all of the following
conditions/directions’.
9. There is absolutely no material forthcoming
from the petitioners to show that for the period of about
three(3) years after filing of the complaint, they have
complied with any of the conditions put forth by the
Investigating Officer in the said notice. Moreover, the
said notice would clearly show that the Investigating
Officer did not intend to arrest the petitioners.
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10. It is undisputed fact that the offence alleged
against the petitioners is punishable with imprisonment
to the extent of seven(7) years. The said notice would
show that there is no apprehension of arrest of the
petitioners by the police in the case. Therefore, there is
no ground made out by the petitioners for granting
anticipatory bail in their favour in the case on hand.
11. The allegations made against the petitioners
would show that the entire investigation of the case is
based on the concerned documents. But the presence of
petitioners before the police is necessary. There is
absolutely no material forthcoming from the petitioners
to show why they have not appeared before the
Investigating Officer and assisted the investigation in
response to the notice issued by the Investigating Officer
as early as on 21.04.2026.
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12. Further, as mentioned in the petition itself, it
is relevant to note that some petitioners have filed
petition earlier for the same relief and they have got
dismissed the said petition for no reason. This also
would show that there is no apprehension of arrest of
the concerned petitioners by the police in the case on
hand.
13. The petitioners No.1 to 3 and 6 are residents
of Rajasthan and the petitioners No.4 and 5 are
residents of Punjab. Therefore, if the petitioners are
granted anticipatory bail at this stage, there is chance of
them not appearing before the respondent Police and
not assisting the Police in further investigation of the
case. In such case, the respondent Police will be put to
hardship in proceeding with and completing the
investigation of the case. There is no any special ground
made by the petitioners to show that they are entitled
for benefit of anticipatory bail as sought for.
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14. In support of his arguments, the learned
counsel for the petitioners has relied on the following
decisions:
(i) Sri Imran H. Vs. State of Karnataka in Criminal
Petition No.362/2025 DD 31.01.2025.
(ii) Md. Asfak Alam Vs. The State of Jharkhand
And Another in Crl.A.No.2207/2023 DD
31.07.2023.
(iii) V. Ganesan Vs. State Rep. by the Sub
Inspector of Police and Another in Criminal
Appeal No.1470/2026 DD 19.03.2026.
The facts of the above referred cases are not similar to
the facts of the present case. It is well settled that every
case should be considered on the basis of the facts of
each case. Therefore, any of the above referred decisions
are not applicable to the case on hand to grant
anticipatory bail in favour of the petitioners. The
petitioners have failed to make out any ground to grant
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anticipatory bail in their favour. Consequently, the
petition is liable to be dismissed.
15. In the result, I proceed to pass the following:
ORDER
The Criminal Petition is hereby dismissed.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 11
CT: SB