- 1 - NC: 2025:KHC:10311 CRL.P No. 2808 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2808 OF 2025 BETWEEN: 1. POORNIMA R AGED ABOUT 40 YEARS W/O RAGARAMU R/AT NO.23/386, 2ND CROSS SHANKARAPURA, OPPOSITE TO VHP KANNADA MEDIRUM SCHOOL CHAMARAJANAGARA TOWN - 571 313. 2. SRI MAHADEVASWAMY AGED ABOUT 47 YEARS DEED WRITER, LICENCE NO. 03-12-13 S/O LATE RACHASHETTY, R/AT 28TH WARD KOTE STREET, 2ND CROSS RAMASAMUDRA RURAL AND POST CHAMARAJANAGARA DISTRICT - 571 342. …PETITIONERS (BY SRI P. NATARAJU, ADV.) AND: THE STATE OF KARNATAKA BY TOWN POLICE STATION CHAMARAJANAGARA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10311 CRL.P No. 2808 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.02/2023 (C.C.NO.468/2024) REGISTERED BY THE TOWN POLICE STATION, CHAMARAJANAGARA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 423, 465, 467, 468, 419, 201 R/W SECTION 34 OF IPC, PENDING ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE (SR.DN.) AND CJM COURT, CHAMARAJANAGARA DISTRICT, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.3 and 4 in Crime No.2/2023 registered by Chamarajanagar Town Police Station, Chamarajanagara, for the offences punishable under Sections 420, 423, 465, 467, 468, 419, 201 read with Section 34 of IPC, are before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.2/2023 was registered by Chamarajanagar Town Police Station, Chamarajanagara, initially for the offences punishable under Sections 420, 423, 467, 468 and 34 of IPC against Aslam Phasha and Mallika Bhanu. Police after investigation have filed charge sheet against four persons and petitioners herein are arraigned as accused - 3 - NC: 2025:KHC:10311 CRL.P No. 2808 of 2025 Nos.3 and 4 in the charge sheet. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.35/2025 before the jurisdictional Sessions Court which was rejected on 12.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners were not named in the FIR and accused Nos.1 and 2, who were named in the FIR have been granted anticipatory bail by the jurisdictional Sessions Court. Investigation in the case is completed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioners. 6. First informant in the present case is the wife of accused No.1 Aslam Pasha and accused No.2 is said to be sister of first informant. The allegation in the first information is that Relinquishment Deed is created on 15.07.2024 of which accused No.1 is the beneficiary and accused No.2 had impersonated the first informant and had executed the Relinquishment Deed in favour of accused No.1. FIR in the present case was initially registered as against accused Nos.1 - 4 - NC: 2025:KHC:10311 CRL.P No. 2808 of 2025 and 2, who have been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.5005/2023 and Crl.Misc.No.5015/2023. Accused No.3 is said to be staff working in the office of accused No.1 and she is said to be a attesting witness to the Relinquishment Deed. Accused No.4 is a Deed Writer. Undisputedly, they do not have any criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Considering the aforesaid aspects of the matter, I am of the view that petitioners' prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.2/2023 registered by Chamarajanagar Town Police Station, Chamarajanagara, for the offences punishable under Sections 420, 423, 465, 467, 468, 419, 201 read with Section 34 of IPC, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall - 5 - NC: 2025:KHC:10311 CRL.P No. 2808 of 2025 execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN