- 1 - NC: 2025:KHC:7087 CRL.P No. 563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 563 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: MR. ALAVATHY KRISHNAM RAJU RAGHU, AGED ABOUT 45 YEARS, S/O A.V. KRISHNAMARAJU, R/O NO. 2, 8TH MAIN LANE, NEAR INDIAN OVERSEAS BANK, BALAJI LAYOUT, KODIGEHALLI MAIN ROAD, BENGALURU - 560 092. …PETITIONER (BY SRI. N. SURESHA, ADVOCATE) AND: STATE OF KARNATAKA BY ITS KODIGEHALLI POLICE STATION, REPRESENTED BY SPP, HCK BUILDING, BENGALURU CITY. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO SET ASIDE THE ORDERS DATED 07.01.2025 PASSED IN LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT CRL.MISC.NO.11442/2024 AND GRANT BAIL IN CRIME NO.454/2024 OF THE RESPONDENT POLICE, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7087 CRL.P No. 563 of 2025 REGISTERED BY THE RESPONDENT KODIGEHALLI P.S., FOR THE OFFENCE P/US/ 506, 504, 420 OF IPC 1860 R/W SEC.352, 351(2)/(3) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as an accused in Crime No.454/2024 of Kodigehalli Police Station, Bengaluru City, registered for offences punishable under Section 506, 504 and 420 of IPC. 3. Apprehending arrest, petitioner approached the Sessions Court for anticipatory bail in Crl.Misc.No.11442/2024. The said petition was dismissed vide order dated 07.01.2025. Hence, he has preferred the instant petition. - 3 - NC: 2025:KHC:7087 CRL.P No. 563 of 2025 4. The first informant -Vishwanath G., has alleged that during 2013, he along with his wife approached the accused to purchase a residential flat. Accused was intending to sell flat C-01, C-Block, ground floor of Sai Meadows Apartment situated at Koti Hosahalli, Bengaluru. The informant obtained a loan of Rs.95,94,490/- from Edelweiss Housing Finance. He got registered the flat in his name and in the name of his wife, on 06.03.2023. EMI was paid for 13 months, however, due to financial restraints, he could not pay the EMI. The finance authorities issued notice to him and visited the flat and found that a notice issued by the LIC Housing Finance was affixed on the wall of the said flat. They informed about the sale agreement executed by the accused in favour of one Mr.Michel Mohal Raj in respect of the very same flat. It is alleged that even after lapse of one month, accused failed to hand over the possession of the flat and when repeated requests were made, accused abused the informant and his wife in filthy language and also threatened them with dire consequences. - 4 - NC: 2025:KHC:7087 CRL.P No. 563 of 2025 5. The contention of the learned counsel for petitioner is that the dispute is purely civil in nature and criminal case is registered just to harass the petitioner. He contended that mere breach of contract would not amount to criminal offence. 6. The learned counsel for petitioner has submitted that as of now, a sum of Rs.52,00,000/- has been transferred by the petitioner/accused to complainant's account. It is his contention that petitioner had requested the complainant to cancel the sale deed for which the complainant denied and therefore, the petitioner was left with no other alternative but to execute a sale agreement in favour of the third party. 7. The allegations are that the petitioner has cheated the complainant relating to sale of a flat and after registration of the said flat, executed a sale agreement in favour of the third party. The allegations have to be proved in due course. Petitioner has undertaken to cooperate with the investigation of the case, it is - 5 - NC: 2025:KHC:7087 CRL.P No. 563 of 2025 submitted that till now a sum of Rs.52,00,000/- has been transferred to the account of the complainant. 8. Considering the submission of the learned counsel for the petitioner that a sum of Rs.52,00,000/- has been paid to the complainant, the relief sought in the petition can be granted, imposing conditions. Hence, the following: O R D E R Petition is allowed. Petitioner/accused in Crime No.454/2024 registered by Kodigehalli Police Station, Bengaluru City, is ordered to be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum. - 6 - NC: 2025:KHC:7087 CRL.P No. 563 of 2025 b) He shall furnish his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 25 CT: BHK