- 1 - NC: 2025:KHC:8657 CRL.P No. 1619 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1619 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. A GOPALA S/O ANJINAPPA AGED ABOUT 54 YEARS 2. MANJULA W/O A GOPALA AGED ABOUT 45 YEARS 3. SHASHANK S/O A. GOPAL AGED ABOUT 22 YEARS ALL ARE R/AT NO.51, TELLOHALLI AGRAHARA VILLAGE, CHANNARAYAPATNA HOBLI, YALIYURU POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 4. SUSHMA G W/O PRATHAP AGED ABOUT 26 YEARS R/AT MUTHUGADAHALLI VILLAGE, SHIVARAPATNA POST, KOLARA - 563 130. 5. NARAYANASWAMY C, S/O LATE CHANNARAYAPPA AGED ABOUT 56 YEARS R/AT WARD NO.8, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8657 CRL.P No. 1619 of 2025 DHARMARAYASWAMY STREET, DEVANAHALLI TALUKU, BENGALURU RURAL DIST - 562 110. …PETITIONERS (BY SRI. PADMAVATHI N, ADVOCATE) AND: STATE BY CHANNARAYAPATNA P.S., BENGALURU RURAL - 562 135, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA - 01. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN CR.NO.7/2025 OF CHANNARAYAPATNA P.S. FOR THE OFFENCE P/U/S 406, 420 R/W 149 OF IPC WHICH IS PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C DEVANAHALLI BENGALURU RURAL DISTRICT AND DIRECT THE INVESTIGATION OFFICER TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners / accused Nos.1 to 5 in Crime No.7/2025 of Channarayapatna Police Station, Devanahalli, have preferred this petition seeking anticipatory bail. - 3 - NC: 2025:KHC:8657 CRL.P No. 1619 of 2025 2. Aforementioned crime is registered on a complaint lodged by Sri. Rashi Khadabadi S/o. S.S.Khadabadi against the petitioners for the offence punishable under Sections 406, 420 read with Section 149 of IPC. 3. In brief, case of the complainant is that he had purchased a land measuring 1 acre 20 guntas in Sy.No.55/P8 situated in T. Agrahara Village, Devanahali Taluq in the year 2005. Accused No.1, Gopal is the owner of adjacent land bearing Sy.No.55/12 (new No. 72). The said accused induced the complainant stating that if his land is sold, he will get good profit and asked him to pay money to get the land records. It is alleged that between 19.02.2021 to 31.12.2024, accused No.1 and other accused persons have received a total sum of Rs.21,65,000/- from the complainant in the guise of getting the podi done in respect of the land, stating that the amount has to be paid to Tahsildar and other officials, later cheated the complainant without getting the work done and also not returning the amount. 4. I have perused the complaint averments. The accused are alleged to have received a sum of Rs.19.15 lakhs through bank transaction and a sum of Rs.2.50 Lakhs by cash - 4 - NC: 2025:KHC:8657 CRL.P No. 1619 of 2025 in all a total sum of Rs.21.65 lakhs from the complainant in the guise of helping him to get the podi done and cheated him. 5. Learned Additional SPP has contended that Investigating Officer has collected material to show that the amount has been received by accused No.1. It is contended that all the accused have colluded with each other and cheated the complainant. 6. It is alleged that the accused have received the amount to give to the Tahsildar and other officials. A reading of the complaint reveals that the amount was transferred to the account of accused No.1. At this stage, there are prima-facie materials to show that the amount was received by accused No.1. However, there are no sufficient materials against accused Nos.2 to 5. 7. Learned Additional SPP has contended that inspite of issuing notices to the accused persons, they have not appeared before the Investigating Officer and cooperated with the investigation. 8. Considering the material placed on record and in view of the allegations in the complaint, petitioner No.1 / - 5 - NC: 2025:KHC:8657 CRL.P No. 1619 of 2025 accused No.1 is not entitled for the relief of anticipatory bail. However, the relief sought by accused Nos.2 to 5 can be considered by imposing necessary conditions. Accordingly, the following:- ORDER i) Petition is partly allowed. ii) Petition is dismissed in respect of petitioner No.1 / accused No.1. iii) Petition is allowed in respect of petitioner Nos.2 to 5 / accused Nos.2 to 5. iv) Petitioners No.2 to 5 / accused Nos.2 to 5 shall be released in the event of their arrest in Crime No.7/2025 of Channarayapatna Police Station, Devanahalli, Bengaluru Rural District subject of following conditions: a) Accused Nos.2 to 5 shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each, with two sureties for the likesum. - 6 - NC: 2025:KHC:8657 CRL.P No. 1619 of 2025 b) They shall furnish proof of their residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) They shall be available for the purpose of investigation as and when required and shall co- operate with the investigation. d) They shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) They shall not tamper with the prosecution witnesses either directly or indirectly. f) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 57 CT: BHK