SMT POOJA M vs STATE OF KARNATAKA BY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57597
CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14302 OF 2026
C/W
CRIMINAL PETITION NO. 14417 OF 2026
IN CRL.P No. 14302/2026
BETWEEN:
SRI. ABHILASH M
S/O MURULIRAJU R,
AGED ABOUT 35 YEARS,
RESIDING AT NO.86, LIG-2,
NEAR MEGHA MEDICALS, 1ST STAGE,
KUVEMPI NAGAR, MYSURU - 570 023.
…PETITIONER
(BY SRI. YAKSHITH K.A, ADVOCATE FOR
SRI. GIRIDHAR S, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
THE POLICE OF SARASWATHIPURAM
POLICE STATION, MYSURU,
REPRESENTED BY THE SPP,
HIGH COURT, BANGALORE - 560 001.
2.
SMT. ASHWINI B
W/O NAVEEN P
AGED 44 YEARS
Digitally
signed by
NANDINI D
Location:
HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:57597
CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
R/O NO. 332, 13H MAIN,
6TH CROSS, SARASWATHIPURAM
MYSORE - 01.
…RESPONDENTS
(BY SRI. NITHIN GOWDA K.C, ADVOCATE FOR
SRI. SHASHIDHAR L, ADVOCATE FOR R2;
SRI. RAHUL RAI K, HCGP FOR R1)
THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS)
PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED
NO.2 ON BAIL FORTHWITH IN THE EVENT OF HIS ARREST IN
CR.NO.81/2026, FOR THE OFFENCES P/U/S 316(2), 318(4),
352, 351(2), 3(5) OF BNS, PENDING BEFORE THE 4th ADDL.
CIVIL JUDGE AND JMFC COURT, MYSURU.
IN CRL.P NO. 14417/2026
BETWEEN:
SMT. POOJA M
D/O MADHUSUDAN V,
AGED ABOUT 34 YEARS,
RESIDING AT NO.86, LIG-2,
NEAR MEGHA MEDICALS, 1ST STAGE,
KUVEMPI NAGAR, MYSURU - 570 023.
...PETITIONER
(BY SRI. YAKSHITH K.A, ADVOCATE FOR
SRI. GIRIDHAR S, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
THE POLICE OF SARASWATHIPURAM
POLICE STATION, MYSURU,
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HC-KAR
NC: 2026:KHC:57597
CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
REPRESENTED BY THE SPP,
HIGH COURT, BANGALORE - 560 001.
2. SMT. ASHWINI B
W/O NAVEEN P
AGED 44 YEARS
R/O NO. 332, 13H MAIN,
6TH CROSS, SARASWATHIPURAM
MYSORE - 567 009.
...RESPONDENT
(BY SRI. RAHUL RAI K, HCGP FOR R1
SRI. NITHIN GOWDA K.C, ADVOCATE FOR
SRI. SHASHIDHAR L, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S
482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND
DIRECT THE RESPONDENT POLICE TO RELEASE THE
PETITIONER/ACCUSED NO.1 ON BAIL FORTHWITH, IN THE
EVENT OF HIS ARREST IN CRIME NO. 81/2026
SARASWATHIPURAM P.S. FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 316(2), 318(4), 352,
351(2), 3(5) OF BHARATHIYA NAGARIK SURAKSHA
SANHITA. THE SAID MATTER IS STILL PENDING BEFORE
THE LEARNED 4TH ADDL. CIVIL JUDGE (SR.DN) AND JMFC
COURT MYSURU.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:57597
CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 and 2 in Crime No.81/2026 registered
by Saraswathipuram Police Station, Mysore, for offences
punishable under Sections 316(2), 318(4), 352, 351(2),
3(5) of BNS 2023, are before this Court in these two
petitions filed under Section 482 of BNSS, 2023, seeking
anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.81/2026 was registered by
Saraswathipuram Police Station, Mysore, for the aforesaid
offences against the petitioners herein, based on the first
information dated 27.07.2026 received from respondent
No.2, who is the defacto complainant in the present case.
Apprehending arrest in the case, the petitioners had
approached the jurisdictional Sessions Court, seeking
anticipatory bail. Since the petitions were dismissed, they
are before this Court.
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CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
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4. Learned counsel for the petitioners, having
reiterated the grounds urged in the petition, submits that
the petitioners are husband and wife who had borrowed
money from the first informant for business purposes.
Having suffered losses, they could not repay the amount.
A false complaint is now made that the amount was paid
by the first informant and her husband to the petitioners
herein for the purpose of purchase of land. There is
absolutely no material to prima facie prove the allegations
made in the first information. The petitioners are ready
and willing to co-operate with the police for the purpose of
investigation. The dispute, which is civil in nature, has
been given a criminal texture for extraneous reasons.
Accordingly, he prays to allow the petitions.
Per contra
5. , the learned HCGP and learned
counsel for respondent No.2, who has filed the statement
of objections opposing the bail application, submit that the
petitioners have cheated not only the first informant but
several others in similar fashion. Learned counsel for
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CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
respondent No.2 submits that, in addition to the present
criminal case, there is one more FIR registered against the
petitioners with similar allegations. He submits that the
petitioners, who have collected money from various
persons with an assurance that they will provide property
to them, have subsequently neither provided the property
nor repaid the amount and, accordingly, have cheated the
first informant and others. Accordingly, he prays to
dismiss the petition.
6. In the typed First Information dated
27.07.2026, which is filed by the first informant, it is
averred that the petitioners, who are husband and wife,
are acquainted to the first informant and her family
members. The petitioners used to visit their house
regularly, and they allegedly represented to the first
informant and her husband that they were in the real
estate business and induced the first informant and her
husband to purchase property from them. Accordingly, for
the period from October 2025 to March 2026, the first
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NC: 2026:KHC:57597
CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
informant and her husband had totally paid an amount of
Rs.1,04,00,000/- through cash and bank transactions.
Subsequently, the petitioners did not provide any property
to them, nor did they refund the money received.
7. It is alleged that the petitioners criminally
intimidated the first informant and her husband when they
had asked for repayment of the amount paid by them.
Under these circumstances, FIR was registered against the
petitioners for the aforesaid offences. In the first
information, there is no such mention of executing any
agreement for the purpose of purchase of any property by
the first informant and her husband from the petitioners
herein. Even in the statement of objections filed, there is
no such averment that the first informant and her husband
had entered into any agreement with the petitioners for
the purchase of property and had paid the amount to the
petitioners under such an agreement. Not even a scrap of
paper is produced along with the statement of objections
to prima facie show that the amount was paid by the first
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HC-KAR
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CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
informant and her husband to the petitioners for the
purchase of property from the petitioners. Under the
circumstances, I find some force in the arguments
addressed on behalf of the petitioners that the amount
received by them from the first informant and her husband
was towards a loan for business purposes and for the
reason that the said amount was not repaid, a false
complaint was made alleging that the amount was
received for the purchase of property.
8. A reading of the first information in another
criminal case registered against the petitioners would go
to show that similar allegations have been made even in
the said information, which was registered against the
petitioners subsequent to the registration of the present
case.
9. Learned counsel for the petitioners has
submitted that, prior to the registration of the present
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CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
case, no other criminal case was registered against the
petitioners.
10. The alleged offences are triable by the Court of
Magistrate, and the maximum punishment for the same is
imprisonment for a period of 7 years.
11. Considering the aforesaid aspects of the matter
and the undertaking given by the petitioners that they are
ready and willing to cooperate with the police for the
purpose of investigation, I am of the opinion that the
prayer made by the petitioners for the grant of
anticipatory bail needs to be answered affirmatively,
subject to appropriate conditions. Accordingly, the
following:
O R D E R
i) The criminal petitions are allowed .
ii) The respondent - Police or any other police in
the State of Karnataka are directed to release the
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NC: 2026:KHC:57597
CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
petitioners in the event of their arrest in Crime
No.81/2026 registered by Saraswathipuram Police Station,
Mysore, for offences punishable under Sections 316(2),
318(4), 352, 351(2), 3(5) of BNS 2023, subject to the
following conditions:
a) The petitioners shall appear before the
Investigating Officer within 15 days from
the date of receipt of the copy of this order
and shall execute a personal bond for a
sum of Rs.1,00,000/- each with two
sureties for the likesum to the satisfaction
of the investigating officer.
b) The petitioners shall regularly appear
before the Trial Court without fail unless
exempted by the Trial Court for valid
reasons.
c) The petitioners shall not tamper with the
prosecution witness and they shall co-
operate with the police for investigation and
appear before them whenever called upon.
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CRL.P No. 14302 of 2026
C/W CRL.P No. 14417 of 2026
CNR: KAHC010639282026
d) The petitioners shall not involve in similar
offences in future.
I.A. No.2/2026 does not survive for
consideration in view of the disposal of the main
petition.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
TMP
List No.: 1 Sl No.: 87