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2025 DAILYLAW 23846 (KAR)

SRI M C INDU MOULI v. STATE OF KARNATAKA

CRL.P/5672/2025 · 2025-06-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20125 CRL.P No. 5672 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5672 OF 2025 BETWEEN: SRI. M.C. INDU MOULI, S/O M. V. CHANDRA SHEKAR, AGED ABOUT 58 YEARS, R/AT NO.401, 402, 4TH FLOOR, SHUBHAM DREAMZ, 3RD CROSS, VENKATAPPA GARDEN, 7TH BLOCK WEST, JAYANAGARA, BENGALURU – 560 070. …PETITIONER (BY SRI.GOVINDRAJ K., ADVOCATE FOR SRI. NEHRU P., ADVOCATE) AND: STATE OF KARNATAKA, STATE BY RAJANUKUNTE P.S., BENGALURU RURAL DISTRICT – 561 203. REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU – 560 001. …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.P.C., (FILED U/S 482 BNNS) PRAYING TO GRANT HIM ANTICIPATORY BAIL IN CRIME NO.62/2025 OF RAJANUKUNTE POLICE FOR THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20125 CRL.P No. 5672 of 2025 OFFENCES P/U/S. 34, 406, 420 465, 468 OF IPC PENDING ON THE FILE OF LEARNED 2ND ACJM COURT, BENGALURU RURAL. 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 No.2 in Crime No.62 of 2025 registered by Rajanukunte Police Station for the offences punishable under Section 34, 406, 420, 465, 468 of IPC is before this Court under Section 482 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS 2023), seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.62 of 2025 was registered by Rajanukunte Police Station, Bengaluru for the aforesaid offences against Shri.Suryanarayanaraju and three others based on the first information dated 10.03.2025 by Dr.Lakshminarayan Bhathav, Son of late Kedaranath Bhathav. Apprehending arrest in the said crime number, - 3 - HC-KAR NC: 2025:KHC:20125 CRL.P No. 5672 of 2025 the petitioner herein had filed Crl.Misc.No.10056 of 2025 before the jurisdictional Court, which was rejected on 01.04.2025. Therefore, he is before this Court. 4. Perusal of the averments found in the first information dated 10.03.2025 would reveal that first informant had purchased Site Nos.13 & 14 formed in property bearing Sy.No.168 of Kadathanamale Village, Hesarghatta Hobli, Yelahanka Taluk, Bengaluru District from a Company known as "Blue Valley Property Private Limited" for valid sale consideration in the year 2009. The allegation now made against the accused persons is that the said sites, which were purchased by the first informant in the year 2009 has been subsequently sold by the aforesaid Company in favour of some third party. 5. The petitioner is said to be working as a Executive Director of the aforesaid Company. According to the learned counsel for the petitioner, he has resigned much before the alleged second sale of the aforesaid sites. Be that as it may, the dispute between the parties - 4 - HC-KAR NC: 2025:KHC:20125 CRL.P No. 5672 of 2025 primarily appears to be civil in nature. Undisputedly, petitioner has no other criminal antecedents. The petitioner has undertaken to co-operate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. In the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal 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 registered by Rajanukunte Police Station, Bengaluru District, for the offence punishable under Sections 34, 406,420, 465, 468 of IPC, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:20125 CRL.P No. 5672 of 2025 1. The Petitioner shall appear before the Investigating Officer within fifteen 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/- (Rupees One Lakh only) with two sureties for the like-sum 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 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 DH List No.: 1 Sl No.: 56