- 1 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5076 OF 2025 BETWEEN: 1. SMT. MARIAKAJAL D/O ANIL KUMAR T.S. AGED ABOUT 29 YEARS. 2. T.S. ANILKUMAR S/O LATE T.K. SHIVA KUMAR AGED ABOUT 52 YEARS. BOTH ARE R/AT NO.54 5TH CROSS, BOMMANAHALLI MAIN ROAD, OPP. MOTHER THERASA SCHOOL, HOSAPALYA 2ND BLOCK, BOMMANAHALLI BENGALURU SOUTH BENGALURU-560 068. …PETITIONERS (BY SRI. BHADRAVADI SIDDESWARA, ADV.,) AND: THE STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR POLICE STATION BENGALURU CITY (REP. BY THE S.P.P., HIGH CURT PREMISES BENGALURU-560 001). …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 SRI. CHIRANJEEVI K.R. ADV., FOR DEFACTO COMPLAINANT) Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.P.C. PRAYING TO GRANT THEM THE RELIEF OF ANTICIPATORY BAIL IN CR.NO.74/2025 ANNAPOORNESHWARINAGAR P.S. REGISTERED FOR THE OFFENCES PUNISHABLE U/S 506, 504, 120-B, 406, 420, R/W 34 IPC CORRESPONDING TO SECTIONS 316(2), 318(4), 352, 353, 61, R/W 3(5), OF BNS, 2023 AND FURTHER BE PLEASED TO DIRECT THE STATION HOUSE OFFICER, ANNAPOORNESHWARINAGAR POLICE STATION TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN THE ABOVE CASE WHICH IS NOW PENDING BEFORE THE IV ADDL. CMM, BENGALURU CITY IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 & 4 in Crime No.74/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 506, 504, 120B, 406, 420 read with Section 34 of IPC are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.74/2025 was registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the aforesaid offences against Sathish Kumar and - 3 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 others based on the first information dated 25.02.2025 received from Smt.Jayalakshmi W/o. Late Muruganandan. Apprehending arrest in the said case, petitioners herein, who are arrayed as accused Nos.2 & 4 in the FIR, had filed Crl.Misc.No.2249/2025 before the jurisdictional Sessions Court, which was rejected on 27.03.2025. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that the dispute between the parties is purely civil in nature. The complainant and similarly situated other persons are all in the possession of the houses which were leased to them. For extraneous reasons, they have approached the police. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader and the learned counsel for the defacto complainant have opposed the petition. 6. Learned counsel for the defacto complainant submits that inspite of receiving huge amount towards - 4 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 advance deposit, the first informant and similarly situated other tenants are now being asked to vacate the premises. Similar modus operandi is being followed by all the accused persons in respect of all the tenants to whom they have provided the premises on lease. Accordingly, he prays to dismiss the petition. 7. In the first information which is submitted on 25.02.2025, it is alleged that first informant had approached the accused persons for providing her residential accommodation on lease and accordingly, on receipt of Rs.12,00,000/- from the first informant, she was provided a residential accommodation. Similarly situated other tenants, from whom money was collected by the accused persons, were also provided with residential accommodations and the first informant and all other similarly situated tenants have been put in possession of their respective properties. It is not in dispute that the first informant and other tenants are in possession of their respective residential premises as on this date. The - 5 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 allegation in the first information is that the accused persons are now demanding the first informant and other tenants to vacate the premises and they have been threatening them. If that is so, it is for the aggrieved parties to approach the jurisdictional civil Court and seek necessary reliefs to protect their possession in respect of the premises which has been leased out to them. The dispute between the parties primarily appears to be in civil in nature. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail requires to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners on bail in the event of their arrest - 6 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 in Crime No.74/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 506, 504, 120B, 406, 420 read with Section 34 of IPC, subject to the following conditions: i. The Petitioners shall appear before the Investigating Officer between 10:00 a.m. and 11:00 a.m. on 26.04.2025 and shall execute a personal bond for a sum of Rs.50,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. ii. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. 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. - 7 - NC: 2025:KHC:15919 CRL.P No. 5076 of 2025 iv. The petitioners shall not involve in similar offences in future. v. The petitioners shall not leave the jurisdiction of the Trial Court without the permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 49