- 1 - NC: 2025:KHC:6775 CRL.P No. 1204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1204 OF 2025 (438(Cr.P.C) / 482(BNSS)) BETWEEN: VASANTH KUMAR, S/O NITHYANANDAN, AGED ABOUT 40 YEARS, R/AT NO. 96, SWAMYANATHAPURAM OORGAUM, K.G.F.563-120, KOLAR DISTRICT. …PETITIONER (BY SRI. UDHAYA KUMAR G., ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY BEML NAGAR POLICE STATION, K.G.F TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER / ACCUSED NO.2 ON ANTICIPATORY BAIL IN THE EVENT OF PETITIONER / ACCUSED NO.2 ARREST IN CR.NO.63/2024 DATED 21.10.2024 ON THE FILE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT AT KOLAR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6775 CRL.P No. 1204 of 2025 DISTRICT K.G.F FOR THE OFFENCE P/U/S 420, 468, 471, 472, 464 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR in Crime No.63/2024 of BEML Nagar Police Station, K.G.F., is registered against accused Nos.1 and 2 for offences punishable under Section 420, 468, 471, 472 and 464 read with 34 of IPC. Petitioner is arraigned as accused No.2. 2. Heard the both sides and perused the material on record. 3. In the complaint lodged by the ARTO, K.G.F., it is alleged that on 16.10.2014 accused No.1 - Sri.Dhinakaran S., got registered a Maruthi Ertiga VDI BS IV car bearing registration No.KA-08-M-4125 (LMV CAR). On 12.09.2023, petitioner/accused No.2 submitted No Objection Certificate (for short 'NOC') issued by the Canara Bank containing seal and signature along with the - 3 - NC: 2025:KHC:6775 CRL.P No. 1204 of 2025 original R.C. Book and got cancelled hypothecation agreement. Thereafter, on 11.12.2023 he submitted the Adhar Card etc., to the purchaser of the car along with the original registration card and transferred the ownership to one Sri.H. Sindhur Lakshman. 4. It is stated that the original owner i.e., accused No.1 - Dinakaran visited the ARTO office on 16.07.2024 and 22.07.2024 and informed that the documents submitted to the ARTO office were fake and those documents were not furnished by him and therefore, requested the ARTO to re-register the vehicle in his name. 5. As per complaint averments, accused No.1 - Dhinakaran informed the complainant that he had given the car as well as the original documents to his friend Karthik and later he noticed that there was some difference in the documents. According to the prosecution, the petitioner/accused No.2 presented the fake documents such as NOC issued by the Canara Bank - 4 - NC: 2025:KHC:6775 CRL.P No. 1204 of 2025 with its seal and signature and got cancelled the hypothecation. 6. The complainant has stated that it was the petitioner, who came to the ARTO office and submitted the original documents such as R.C. book and also singed document of the owner with NOC of Canara Bank on 12.09.2023 and got the hypothecation cancelled. Accused No.1 has not stated that he has given those documents to the petitioner/accused No.2 whereas he has stated that he gave the documents of the car to his friend by name Karthik. It is contended by the learned counsel that the petitioner is totally innocent and he has been falsely implicated in the case and he is neither the owner nor the subsequent buyer nor having any connection with the ARTO. 7. At this stage, expect the bald allegation that the petitioner herein has submitted certain documents with the ARTO and got cancelled the hypothecation agreement, there is no other material to show that he has forged the - 5 - NC: 2025:KHC:6775 CRL.P No. 1204 of 2025 NOC of the Canara Bank with its seal and signature etc. Petitioner has undertaken to cooperate with the investigation of the case. Hence, by imposing suitable conditions he can be released on bail. Accordingly, I pass the following: O R D E R i) Petition is allowed. ii) Petitioner/accused No.2 in Crime No.63/2024 registered by BEML Nagar Police Station, K.G.F, 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 personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two surety for the likesum. b) He shall furnish his residential address/contact number and shall - 6 - NC: 2025:KHC:6775 CRL.P No. 1204 of 2025 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. iii) Observations herein are confined to the disposal of the petition. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 30