IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 16708 OF 2025 [(438(Cr.PC) / 482(BNSS)]

BETWEEN:

1. SRI. YATISH KUMAR N.

S/O SRI. NAGARAJ, AGED ABOUT 34 YEARS, RESIDING AT NO.912, 35^TH MAIN ROAD, 9^TH CROSS, J.P. NAGAR I PHASE, BENGALURU - 560 078.

2. SRI. ARVIND G. NAIK S/O SRI. GANGADHAR NAIK, AGED ABOUT 38 YEARS.

RESIDING AT NO.51, 4^TH MAIN, 2^ND CROSS, SRINIVASNAGAR, BSK 3^RD STAGE, BENGALURU - 560 085.

…PETITIONERS (BY SRI. AJIT KALYAN, ADVOCATE)

Digitally signed by LAKSHMINARAYANA MURTHY RAJAS HRI AND:

Location: HIGH COURT OF KARNATAKA THE STATE OF KARNATAKA BY THE SHANKARPURA POLICE STATION, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

…RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT PRE ARREST PROTECTION BY WAY OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONERS FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.20/2024 IN XXXVII ADDITIONAL CMM COURT, BANGALORE CITY, REGISTERED BY THE SHANKARPURA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 420, 465, 468 AND 471 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused Nos.1 and 2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.20/2024 of Shankarpura Police Station registered for offences punishable under Sections 120B, 420, 465, 468 and 471 of Indian Penal Code.

2. Heard learned counsel for petitioners and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioners would contend that, earlier the petitioners have been granted anticipatory bail by the Sessions Court in Criminal Miscellaneous No.6159/2024 by order dated 10.07.2024. The said order granting anticipatory bail has been cancelled by the Sessions Court in Criminal Miscellaneous No.8014/2025 by order dated 10.11.2025 on the ground that the petitioners have not complied the condition imposed while granting anticipatory bail to appear before the Investigating Officer. The petitioners who were earlier in Bengaluru have been shifted to Andhra Pradesh for their work and there was no intention on the part of the petitioners in non-compliance of the condition to appear before the Investigating Officer and cooperate in investigation. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioners have forged the documents, impersonated a person in the name of Harish Kumar and availed a loan of Rs.1,29,48,500/-. The petitioners have not paid EMI and the said loan has become NPA. On verification by the bank authorities, there was no any construction of the building. The petitioners have filed affidavit at the time of availing loan. The Investigating Officer has issued a notice to the petitioners twice and they have not appeared before the Investigating Officer for enquiry/investigation. There is an intentional violation of the condition. The petitioners have used the said loan amount. The petitioners are not entitled for grant of anticipatory bail for the second time in the same crime. With these, he prayed for dismissal of the petition.

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

6. A case has been registered against the petitioners in Crime No.20/2024 of Shankarapura Police Station for offences under Sections 120B, 420, 465, 468, 471 of IPC. The petitioners have approached the Sessions Court for grant of anticipatory bail in Criminal Miscellaneous No.6159/2024 and the Sessions Court has granted anticipatory bail by order dated 10.07.2024 by i