Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17974 CRL.P No. 5393 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. 5393 OF 2025 BETWEEN: KESHAVAMURTHY S/O LATE NAGARAJ K.K.
AGED ABOUT 40 YEARS, R/O HOSURU VILLAGE, BEECHENAHALLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211 …PETITIONER (BY SRI. RAVI M.M., ADVOCATE) AND:
STATE BY ARAKALGUD POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST BY THE RESPONDENT ARAKALGUD POLICE, IN THE FIR IN CR.NO.0047/2025 FOR THE OFEFNCE P/U/S 420, 465, 471, 417 OF IPC OF THE ARAKALGUD POLICE, PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT, ARAKALGUD, HASSAN DISTRICT.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.6 in Crime No.47/2025 registered by Arakalagudi Police Station, Hassan, for offences punishable
Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:17974 CRL.P No. 5393 of 2025
under Sections 420, 465, 471, 417 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.47/2025 was registered by Arakalagudi Police Station, Hassan, for the aforesaid offences against one Veenakshi and others based on the first information dated 06.03.2025 received from Mallikarjuna S - Tahsildar, Arakalgudu Tq, Hassan. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.271/2025 before the Jurisdictional Sessions Court which was rejected on
29.03.2025. Therefore, the petitioner is before this Court.
4. Perusal of the material on record would go to show that allegation in the first information is that accused Nos.1 to 5 are the beneficiaries of the fraudulent Saguvali Chits issued in their favour in respect of Government land and allegation against accused Nos. 6 to 8 is that they have misused their official capacity and had favoured accused Nos. 1 to 5 by issuing them fraudulent Saguvali Chits. Petitioner was working
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NC: 2025:KHC:17974 CRL.P No. 5393 of 2025
as a Second Division Assistant in the office of Tahsildar from the year 2022-2023 onwards. Undisputedly, the fraudulent documents are signed by one Mohan, who was the then Tahsildar of Arakalgudu Tq. Petitioner is a Government servant having no other criminal antecedents of similar nature and he has undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the said offences is imprisonment for the period of seven years. The alleged offences are based on documentary evidence which is undisputedly in the custody of the department. 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.47/2025 registered by Arakalagudi Police Station, Hassan, for offences
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NC: 2025:KHC:17974 CRL.P No. 5393 of 2025
punishable under Sections 420, 465, 471, 417 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.
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.: 44