High CourtsSingle Bench(2026) 09 KAR CK 1348

Mr Jayaparamesh vs State Of Karnataka By Marathahalli P.S

Karnataka High Court, Bengaluru Bench · Decided on 7 September 2026

HON’BLE JUDGES
S Vishwajith Shetty, J
RESULT
Allowed
CASE NUMBER
CRIMINAL PETITION NO. 12362 OF 2026

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Judgment

14 paragraphs · 698 words

Accused No.1 in Crime No.338/2026 registered by Marathahalli police Station, Bengaluru City for the offences punishable under Sections 140(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.

2.

Heard the arguments of the learned counsel for the parties.

3.

FIR in Crime No.338/2026 was registered by Marathahalli Police Station for the aforesaid offences against the petitioner and others based on the first information dated 05.07.2026 received from Sri. Anbalagan G., who is the alleged victim in the present case. Apprehending arrest in the case, the petitioner had filed Crl. Misc. No. 25642/2026, which was rejected by the jurisdictional Sessions Court on 31.07.2026. Therefore, he is before this Court.

4.

Learned counsel for the petitioner submits that, the alleged victim has borrowed a sum of Rs.2,00,000/-from the petitioner. After the petitioner and his friends demanded payment of the said amount, portion of the amount was paid and thereafter a false complaint has been lodged.

5.

Per contra, learned HCGP brings to the notice of this Court that, the petitioner is a person with criminal antecedent. Considering the seriousnesness of allegations found in the first information, the interrogation is necessary. Accordingly, prays to dismiss the petition.

6.

First informant in the present case is said to be a Group-D employee in Bruhat Bengaluru Mahanagara Palike. In the first information dated 05.07.2026, he has stated that, on 02.07.2026, he had received a phone call from his wife Sarala who informed him that, some stranger had come near their house in search of the petitioner. Thereafter, the petitioner came near the house and found accused Nos.1 and 2 near his house. They allegedly asked him to board the vehicle in which they had arrived. Thereafter, they demanded money and threatened him of the dire consequences. Petitioner allegedly had paid total sum of Rs.95,000/- to the accused persons on 02.07.2026 and after criminally intimidating him, they allegedly had released him.

7.

In respect of the alleged incident that had taken place on 02.07.2026, first information is belatedly submitted on 05.07.2026. In the first information itself it is stated that, after the amount of Rs.95,000/- was paid by the victim, the accused persons had given time to him to repay the balance. Therefore, I find some force in the contention urged by the learned counsel for the petitioner that the victim had borrowed a sum of Rs.2,00,000/- from the petitioner and towards repayment of the same, the amount of Rs.95,000/- was paid by him on 02.07.2026. Undisputedly, the victim has not suffered any injury in the alleged incident in question. The petitioner has undertaken to co-operate with the Police for the purpose of investigation. Since, the petitioner is a person with criminal antecedents, I am of the opinion that the prayer made by the petitioner seeking anticipatory bail needs to be granted, subject to appropriate conditions. Accordingly, the following:

ORDER

(i)

The 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.338/2026 registered by Marathahalli Police Station for the offences punishable under Sections 140(2), 351(2), 352 read with Section 3(5) of BNS, subject to the following conditions:

1.

The 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.

2.

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

3.

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

4.

The petitioner shall not involve in similar offences in future.

5.

The petitioner is directed to appear before the Station House Officer, Marathahalli Police Station on second Sunday of every month between 10.00 a.m., and 01.00 p.m., and mark his attendance, till the investigation is complete and the charge sheet is filed.