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2025 DAILYLAW 21789 (KAR)

SRI BAJJEGOWDA v. THE STATE OF KARNATAKA

CRL.P/4536/2025 · 2025-04-07

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:14818 CRL.P No. 4536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4536 OF 2025 BETWEEN: 1. SRI BAJJEGOWDA S/O LATE KENCHEGOWDA AGED ABOUT 80 YEARS R/AT GOPASANDRA VILLAGE TUGANI POST, KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 112. 2. SMT. JAYAMMA W/O BAJJEGOWDA AGED ABOUT 75 YEARS R/AT GOPASANDRA VILLAGE TUGANI POST, KASABA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 112. …PETITIONERS (BY SRI PRADEEP G.C, ADV.) AND: THE STATE OF KARNATAKA BY KANAKAPURA TOWN POLICE STATION, KANAKAPURA RAMANAGARA DISTRICT - 562 112 REP. BY ITS STATE PUBLIC PROSECUTOR HON'BLE HIGH COURT OF KARNATAKA VIDHANASOUHDA VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14818 CRL.P No. 4536 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THE ARREST OF THE PETITIONERS MADE BY THE RESPONDENT POLICE IN CONNECTION WITH C.C NO.1143/2023 FOR THE O/U/S 120B, 420, 468, 465 OF IPC, PENDING BEFORE THE HONBLE PRL.CIVIL JUDGE AND JMFC, KANAKAPURA. 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.2 & 3 in C.C.No.1143/2023 pending before the Court of Prl. Civil Judge & JMFC, Kanakapura, arising out of Crime No.108/2018 registered by Kanakapura Town Police Station, Ramanagara District, for the offences punishable under Sections 120B, 420, 468, 465 of IPC, are before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.108/2018 was registered by Kanakapura Town Police Station, Ramanagara District, initially for the offences punishable under Sections 420, 468 of IPC against Lokesh and others based on the first information dated 13.04.2018 submitted by Smt. Jayamma. After completing - 3 - NC: 2025:KHC:14818 CRL.P No. 4536 of 2025 investigation in the said case, charge sheet has been filed against three persons. Petitioners are arrayed as accused nos.2 & 3 in the charge sheet. Their anticipatory bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5253/2024 was rejected on 09.10.2024. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that the petitioners name is not found in the FIR. Petitioners are the parents of accused no.1 and they are aged about 79 years and 74 years, respectively. The allegation in the charge sheet is that accused no.1 had fraudulently made some entries in the records of land bearing Sy. No.148 of Rampura village, Kanakapura Taluk. Since the said entries were made in the name of the petitioners who are his parents, petitioners are also arrayed as accused in the present case. Accused no.1 has been granted anticipatory bail by the jurisdictional Sessions Court in Crl. Misc. No.5044/2019 disposed of on 16.04.2019. Considering the aforesaid aspects of the matter and also having regard to the age of the petitioners and the nature of allegations found against them in the charge sheet, I am of the opinion that petitioners prayer for grant of anticipatory bail - 4 - NC: 2025:KHC:14818 CRL.P No. 4536 of 2025 requires to be answered affirmatively. Accordingly, the following order: 5. 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 C.C.No.1143/2023 pending before the Court of Prl. Civil Judge & JMFC, Kanakapura, arising out of Crime No.108/2018 registered by Kanakapura Town Police Station, Ramanagara District, for the offences punishable under Sections 120B, 420, 468, 465 of IPC, subject to the following conditions: 1. The Petitioners shall appear before the Court of Prl. Civil Judge & JMFC, Kanakapura, 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/- each with two sureties for the likesum to the satisfaction of the said Court. 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. - 5 - NC: 2025:KHC:14818 CRL.P No. 4536 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK