Smt Savitha G v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12279 OF 2026 BETWEEN:

¶1SMT SAVITHA G W/O GANESH M AGED ABOUT 50 YEARS R/AT NO. 16, 1ST CROSS NEAR BBMP OFFICE, LAKSHMI NAGARA BANGALORE NORTH, BASAVESHWANAGAR BENGALURU - 560 079. …PETITIONER (BY SRI BHAIRAV G.V, ADV., FOR SRI SIDDHARTH SUMAN, ADV.) AND:

¶1STATE OF KARNATAKA BY BASAVESHWARA NAGAR P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.244/2026 REGISTERED BY THE RESPONDENT NO.1 BASAVESHWARA NAGAR POLICE STATION, PENDING BEFORE THE IV ACJM, AT BENGALURU i.e., ANNEXURE A AND A1, FOR THE OFFENCES P/U/S 316(2),318(4),352,351(2),3(5) OF BNS, IN SO FAR AS THE PETITIONER ABOVE NAMED IS CONCERNED.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

by NANDINI M S Location: HIGH COURT OF KARNATAKA

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused No.1 in Crime No.244/2026 registered by Basaveshwara Nagar Police Station, Bengaluru, for the offences punishable under Sections 318(4), 316(2), 351(2), 352 and 3(5) of BNS, 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.244/2026 was registered by Basaveshwara Nagar Police Station, Bengaluru, for the aforesaid offences against petitioner and others based on the first information dated 11.07.2026 received from Sunitha S, who is the alleged victim in the present case. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.7053/2026 before the jurisdictional Sessions Court which was rejected on

24.07.2026. Therefore, he is before this Court.

¶4A reading of the first information would go to show that petitioner and the alleged victim were acquainted to each other in the year 2020 and they were friends from the year 2020

onwards. The victim lady is said to have invested money in the business of petitioner, who had assured good returns to her. In the first information, it is stated that initially petitioner had given the assured returns to the victim lady. In the first information, it is also stated that for the period from 2021 onwards, victim lady had totally deposited an amount of Rs.3 crores with the accused persons, who allegedly had represented to her of good returns. Subsequently, accused persons allegedly had promised to pay the aforesaid amount of Rs.3 crores with interest and they had sought time to pay a sum of Rs.3 crores 25 lakhs to the first informant.

¶5Material on record would go to show that petitioner herein had issued a cheque for a sum of Rs.3 crores towards payment of the aforesaid amount and after the said cheque was dishonored, a statutory notice under the Negotiable Instruments Act, 1881, was issued to the petitioner on behalf of the victim lady and the said legal notice was duly replied on behalf of the petitioner by her Advocate. It is only after the exchange of legal notices between the parties, the first informant had approached the police on 11.07.2026. It is

brought to the notice of this Court that similar complaints were filed against the petitioner and in those cases, petitioner has been granted bail. Petitioner, who is a lady aged 45 years, has undertaken to cooperate with the police for the purpose of investigation. Maximum punishment for the alleged offences is imprisonment for a period of seven years. Considering the nature of allegations found in the first information and also having regard to the fact that prior to the victim lady approaching police, on the very same subject, there was exchange of legal notices between the parties, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

¶6The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.244/2026 registered by Basaveshwara Nagar Police Station, Bengaluru, for the offences punishable under Sections 318(4), 316(2), 351(2), 352 and 3(5) of BNS, 2023, subject to the following conditions:

¶1The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer.

¶2Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

¶3Petitioner shall not tamper with the prosecution witnesses and she shall co-operate with the police for investigation and appear before them whenever called upon.

¶4The petitioner shall not involve in similar offences in future.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 47