AI Structured Summary
Not yet generated for this judgment
Judgment
Heard the learned counsel for the petitioner and learned High Court Government Pleader appearing for the respondent-State
Accused No.2 in Crime No. 335/2026, registered by Sampigehalli Police Station, Bengaluru for offences punishable under Sections 316(2),318(4), 336(2), 61(2), 319(2)of BNS, 2023 is before this court in this petition filed under Section 482 of BNSS. 2023, seeking anticipatory bail.
FIR in Crime No. 335/2026 was registered by Sampigehalli Police Station for the aforesaid offences against one Daniel and others, based on the first information dated 08.09.2026 received from Smt. Bijay Khound Jay, wife of Jayanthar Khound. Apprehending arrest in the case, petitioner had approached the jurisdictional Sessions Court in Crl.Misc.No.9411/2026, which was rejected on 23.09.2026. Therefore, he is before this Court, in this petition.
Victim lady had approached Sampigehalli Police Station, Bengaluru and had submitted first information in Kannada, based on which, FIR has been registered against Daniel and others for the aforesaid offences. Victim lady hails from Assam State and she is residing along with her husband in Bengaluru for the last several years and allegedly working in Beauty Parlour. In the first information it is stated she had borrowed a sum of Rs.15,00,000/- from Accused No.1, and was regularly paying interest for the said loan.
After about 11 months, he allegedly demanded her to pay double the amount. Since she was not able to pay the money borrowed from accused No. 1, due to the illness of her husband, accused No. 1 allegedly asked her to borrow loan by mortgaging her property and repay the money borrowed from him. Accused No.1, thereafter introduced the petitioner who along with other accused mentioned in the FIR had arranged for a loan from ICICI Bank, Malleshwaram Branch. In the month of 1st of June 2021, first informant was sanctioned a loan of Rs.86,00,000/- based on her property and in the said loan amount she was allegedly paid only Rs.43,00,000/- out of which, amount of Rs.30,00,000/- was paid to accused No. 1 towards the money borrowed from him.
She has now alleged that accused persons without properly revealing the true facts had made her to sign documents in the bank and had borrowed loan and since the loan amount is not paid by her, her property is being brought to sale. It is under these circumstances the victim lady had approached the Police and lodged the complaint on 08.09.2026.
Undisputedly, the petitioner has no other criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation.
Considering the nature of allegation in the first information, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:
ORDER
The criminal 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 Crime No. 335/2026, registered by Sampigehalli Police Station, Bengaluru for offences punishable under Sections 316(2),318(4), 336(2), 61(2), 319(2)of BNS, 2023, subject to the following conditions:
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.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
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.
The petitioner shall not involve in similar offences in future.