- 1 - NC: 2025:KHC:17914 CRL.P No. 3797 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3797 OF 2025 BETWEEN: CHANNEGOWDA S/O LATE CHIKKAKARIGOWDA, AGED ABOUT 47 YEARS, R/AT NARAHALLI VILLAGE, MELUKOTEHOBLI, PANDAVAPURATALUK, MANDYA - 571 412 …PETITIONER (BY SRI. PUNEETH .B.S., ADVOCATE) AND: STATE OF KARNATAKA BY BY PANDAVAPURA P.S. (REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001) …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF THE ANTICIPATORY BAIL IN CR.NO.09/2025 OF RESPONDENT POLICE IN THE EVENT OF HIS ARREST FOR OFFENCE P/U/S 120B, 417, 419, 464, 465, 467, 468, 34 OF IPC NOW THE CASE IS PENDING ON THE FILE OF CIVIL JUDGE (JR.DN) AND J.M.F.C COURT PANDAVAPURA MANDYA DISTRICT. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17914 CRL.P No. 3797 of 2025 ORAL ORDER Accused No.1 in Crime No.09/2025 registered by Pandavapura Police Station, Mandya, for offences punishable under Sections 120B, 417, 419, 464, 465, 467, 468, 34 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.09/2025 was registered by Pandavapura Police Station, Mandya, for the aforesaid offences against the petitioner and others based on the first information dated 08.01.2025 received from Mallegowda s/o Late Karigowda. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5069/2025 before the Jurisdictional Sessions Court which was rejected on 25.02.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits having reiterated the grounds urged in the petition submits that first informant Mallegowda has died and thereafter, his wife and children have filed O.S.No.94/2025 and in the said suit, the - 3 - NC: 2025:KHC:17914 CRL.P No. 3797 of 2025 petitioner and the person to whom petitioner had allegedly sold the property in question have already filed their written statement wherein, it is specifically stated that the property in dispute is already re-conveyed. He submits that petitioner has no other criminal antecedents and he was mislead and as a result, he had executed sale deed in favour of defendant No.4 in the suit. 5. Per contra, learned Additional SPP has opposed the petition. 6. FIR in the present case has been registered for the aforesaid offences against the petitioner and others alleging that petitioner had impersonated the first informant and had executed the sale deed in respect of certain immovable properties. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offence is imprisonment for the period of seven years. It is brought to the notice of this Court that after FIR was registered in the present case, the first informant has died and thereafter, his wife and children have filed O.S.No.94/2025 and the dispute in the suit has been settled between the parties and the property which is - 4 - NC: 2025:KHC:17914 CRL.P No. 3797 of 2025 subject matter of this present criminal case has been already re-conveyed by a registered deed. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively, subject to imposing appropriate condition. Accordingly, the following:- ORDER The petition is allowed. The 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.09/2025 registered by Pandavapura Police Station, Mandya, for offences punishable under Sections 120B, 417, 419, 464, 465, 467, 468, 34 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the 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. - 5 - NC: 2025:KHC:17914 CRL.P No. 3797 of 2025 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 26