- 1 - NC: 2025:KHC:18054 CRL.P No. 5502 of 2025 C/W CRL.P No. 5808 of 2025, CRL.P No. 5827 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. 5502 OF 2025 C/W CRIMINAL PETITION NO. 5808 OF 2025, CRIMINAL PETITION NO. 5827 OF 2025 IN CRL.P No. 5502/2025: BETWEEN: LAXMAN SHENOY S/O LATE MR. P. VASUDEV SHENOY AGED ABOUT 50 YEARS RESIDING AT NO.2-21-21625/5 BEARYS HIS GRACE, HAT HILL MANGALORE - 575 002. …PETITIONER (BY SRI RAGHAVENDRA SHENOY M, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY MANGALORE RURAL P.S, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO PASS AN ORDER ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.22/2025 REGISTERED ON THE FILE OF THE MANGALURU RURAL POLICE STATION, MANGALURU ON THE FILE OF THE LEARNED 3rd JMFC COURT, MANGALURU FOR THE ALLEGED OFFENCE P/US/ 316(2),318(2) OF BNS 2023 IN THE EVENT OF HIS ARREST. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18054 CRL.P No. 5502 of 2025 C/W CRL.P No. 5808 of 2025, CRL.P No. 5827 of 2025 IN CRL.P NO. 5808/2025: BETWEEN: PREETHI SHENOY W/O LAXMAN SHENOY AGED ABOUT 45 YEARS RESIDING AT NO.2-21-21625/5 BEARYS HER GRACE, HAT HILL MANGALORE - 575 004. ...PETITIONER (BY SRI RAGHAVENDRA SHENOY M, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY MANGALORE RURAL PS, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.0022/2025 REGISTERED ON THE FILE OF THE MANGALORE RURAL POLICE STATION, MANGALORE ON THE FILE OF THE LEARNED 3RD JMFC COURT, MANGALORE FOR THE ALLEGED OFFENCES P/U/S 316(2) AND 318(2) OF THE BNS, 2023 IN THE EVENT OF HER ARREST. IN CRL.P NO. 5827/2025: BETWEEN: PRITHI MARIA LOURDES FERNANDES D/O VALERIAN FERNANDES AGED ABOUT 40 YEARS RESIDING AT B3, STARLET APARTMENT SHIVBAGH ROAD, KADRI KANKANADY, MANGALORE - 575 002. ...PETITIONER (BY SRI RAGHAVENDRA SHENOY M, ADV.) - 3 - NC: 2025:KHC:18054 CRL.P No. 5502 of 2025 C/W CRL.P No. 5808 of 2025, CRL.P No. 5827 of 2025 AND: STATE OF KARNATAKA REPRESENTED BY MANGALORE RURAL PS, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001. ...RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAILIN CR.NO.0022/2025 REGISTERED ON THE FILE OF THE MANGALORE RURAL POLICE STATION,MANGALORE ON THE FILE OF LRD. 3RD JMFC COURT, MANGALORE FOR THE OFFENCE P/U/S 316(2) AND 318(2) OF BNS, 2023 IN THE EVENT OF HIS ARREST. THESE PETITIONS, 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.1 to 3 in Crime No.22/2025 registered by Mangalore Rural Police Station, Mangaluru City, for the offences punishable under Sections 316(2), 318(2) of BNS, 2023, are before this Court in these three petitions under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.22/2025 was registered by Mangalore Rural Police Station, Mangaluru City, for the aforesaid offences against the petitioners herein based on the first information - 4 - NC: 2025:KHC:18054 CRL.P No. 5502 of 2025 C/W CRL.P No. 5808 of 2025, CRL.P No. 5827 of 2025 dated 06.03.2025 received from Indrajeet Awasthy S/o Sanjeev Kumar Awasthy. Apprehending arrest in the case, petitioners had filed Crl. Misc. No.228/2025 before the jurisdictional Sessions Court, which was rejected on 28.03.2025. Therefore, they are before this Court. 4. Perusal of the material on record would go to show that the allegation against the petitioners in the first information is that though they had entered into an agreement for sale with the first informant and had received a huge amount from the first informant towards sale consideration in respect of the apartment which is under construction, the accused persons had failed to register the sale deed in favour of the first informant and it is also alleged that the accused persons have entered into multiple transactions with different people in respect of very same apartment, for which agreement for sale has been executed in favour of the first informant. 5. From a reading of the first information, it appears that the dispute between the parties is primarily civil in nature. Learned Counsel for the petitioner has brought to the notice of this Court that the petitioners have already executed an - 5 - NC: 2025:KHC:18054 CRL.P No. 5502 of 2025 C/W CRL.P No. 5808 of 2025, CRL.P No. 5827 of 2025 undertaking before the Bank stating that they would be repaying the loan borrowed by the first informant for the purpose of purchase of the apartment in question. The alleged offences for which FIR has been registered against the petitioners, are triable by the court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of five years. Accused nos.1 & 2 are said to be the owners of the land and also the builders of the under construction apartment complex. Accused no.3 appears to be the acquaintance of accused nos.1 & 2 and also the guarantor to the loan borrowed by the first informant for the purpose of purchasing the apartment in question. Accused nos.2 & 3 are married ladies. Considering the aforesaid aspects of the matter, I am of the opinion that petitioners prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order: 6. 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 Crime No.22/2025 registered by Mangalore Rural Police Station, Mangaluru City, - 6 - NC: 2025:KHC:18054 CRL.P No. 5502 of 2025 C/W CRL.P No. 5808 of 2025, CRL.P No. 5827 of 2025 for the offences punishable under Sections 316(2), 318(2) of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 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. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK