Sri Satyasekhara Vara Prasad Undavalli v. State of Karnataka by

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14179 OF 2026 BETWEEN:

SRI SATYASEKHARA VARA PRASAD UNDAVALLI @USSV PRASAD S/O SATYASEKHARA AGED ABOUT 58 YEARS RESIDING AT FLAT NO.404 SITE NO.06, SIVRMIST APARTMENTS SILVER SPRINGS LAYOUT MUNNEKOLLALU, KUNDALAHALLI MARATHAHALLI, DODDANEKKUNDI BENGALURU - 560 037. …PETITIONER (BY SRI SHANKAR H.S, ADV.) AND:

STATE OF KARNATAKA BY SHANKARPURA POLICE STATION REP.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI RAHUL RAI K, 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 THE EVENT OF HIS ARREST IN CR.NO.75/2026 REGISTERED BY SHANKARPURA P.S., PENDING BEFORE THE IV ACJM, BENGALURU CITY, FOR THE OFFENCES P/U/S 316(2), 316(4), 318(2), 318(3), 319(2), 318(4), 322, 336(2), 338, 336(3), 340(2), 352, 351(2), 351(3) OF BNS, 2023.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

ORAL ORDER

¶1Accused No.3 in Crime No.75/2026 registered by Shakarpura Police Station, Bengaluru, for offences punishable under Sections 316(2), 316(4), 318(2), 318(3), 319(2), 318(4), 322, 336(2), 338, 336(3), 340(2), 352, 351(2) and 351(3) 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.75/2026 was registered by Shakarpura Police Station, Bengaluru, for the aforesaid offences after private complaint filed by State Bank of India, Basavanagudi Branch, was referred to Shankarpura Police Station, Bengaluru, for purpose of investigation. Apprehending arrest in case, petitioner had filed Crl.Misc.No.8183/2026 before the jurisdictional Sessions Court, which was rejected on 25.08.2026. Therefore, he is before this Court.

¶4A reading of the averments found in the PCR would go to show that accused persons had borrowed home loan for the purpose of purchasing apartment and thereafter, had not repaid EMIs regularly. After issuing legal notice to the accused persons seeking repayment of loan borrowed, complainant/Bank had approached the jurisdictional police, who had refused to register FIR on the ground that dispute between the parties is civil in nature. It is under these circumstances, complainant had filed a private complaint, which was referred to police and thereafter, FIR was registered in the present case. Considering the fact that dispute between the parties appears to be civil in nature and also since petitioner has undertaken to cooperate with the police for the purpose of investigation, the following order:-

¶5The 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.75/2026 registered by Shakarpura Police Station, Bengaluru, for the offences punishable under Sections 316(2), 316(4), 318(2), 318(3), 319(2), 318(4), 322, 336(2), 338, 336(3), 340(2),

352, 351(2) and 351(3) of BNS, 2023, subject to the following conditions:

¶1The Petitioner shall appear before 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 prosecution witnesses and he 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.: 68