Anticipatory bail may be granted when a criminal complaint arises from a dispute that is primarily civil in nature, especially if parallel proceedings under the Negotiable Instruments Act are pending and the accused has no criminal antecedents.

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL UNDER SECTION 482 OF THE BNS 2023 IN THE EVENT OF THEIR ARREST IN FIR IN CRIME No.466/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 316(1),318,351(3),351(1),351(2),318(4) OF BNS 2023 REGISTERED BY THE BAGALAGUNTE POLICE STATION.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by accused Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.466/2025 of Bagalagunte Police Station, registered for offences under Sections 316(1), 318, 351(3), 351(1), 351(2) and 318(4) of BNS, 2023.

2. Heard the learned counsel for the petitioners and learned HCGP for respondent/State.

3. Learned counsel for the petitioners would contend that there was MOU between petitioners and the complainant dated 20.08.2020 under which the complainant has invested Rs.1 Crore in the company of the petitioners. It is alleged that the said amount is not paid and cheque has been issued. The said cheque has been dishonoured and case under Section 138 of the N.I.Act has been filed against the petitioners and it is pending consideration. After lapse of 2 years of dishonour of cheque, the petitioners with similar allegations has filed PCR No.14131/2024. The amount paid by the complainant to the petitioners is subjudice in the cheque dishonour case. The petitioners are ready to co-operate with the IO in the investigation and abide by any terms and conditions to be imposed by this Court. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners. With this he prayed to allow the petition.

4. Per contra, learned HCGP would contend that under MOU the petitioners have received Rs.1 Crore from the complainant agreeing to repay the same. The petitioners have issued a cheque for repaying the said amount and the said cheque came to be dishonored. The petitioners have cheated the complainant. The petitioners are required for custodial interrogation. With this, he prayed to reject the petition.

5. Having heard the learned counsels, the Court has perused the complaint and other materials placed on record.

6. The complainant has filed a PCR No.14131/2024 against the petitioners. The said complaint came to be referred to police for investigation. The police registered Crime No.466/2025 based on the said private complaint in Bagalgunte Police Station for the aforesaid offences. The averments of the said complaint indicate that the complainant has invested Rs.1 Crore in the company of the petitioners under MOU dated 02.08.2020. It is alleged that the petitioners have not repaid the said amount and cheated the complainant. The complainant had already filed proceedings for offence under Section 138 of the N.I.Act, as the cheque issued by the petitioners has been dishonoured and it is stated to be pending at final stage. Considering the averments of the present complaint, at this stage, it can be said that the dispute between petitioners and the complainant is of civil nature. The petitioners have undertaken to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners. The offences alleged against the petitioners are not punishable either with death or imprisonmen