Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23849 CRL.P No. 5904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5904 OF 2025 BETWEEN:
SRI RAGHUVEER BHATT S/O. GANAPATHI P. BHATT AGE 35 YEARS NO. 91, 14TH CROSS, NGEF LAYOUT, NAGARABHAVI, BENGALURU NORTH - 560 072 …PETITIONER (BY SRI N. SURESHA, ADVOCATE) AND:
STATE OF KARNATAKA KORAMANGALA POLICE STATION, BENGALURU SOUTH - 560 095 KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001 …RESPONDENT (BY SMT WAHEEDA M.H., HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.0009/2025, 39TH ACMM, BENGALURU CTIY OF THE RESPONDENT POLICE. REGISTERED BY THE RESPONDENT KORAMANGALA POLICE FOR THE OFFENCE P/U/S. 420 R/W 34 OF IPC PENDING ON THE FILE OF 39TH ACMM, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23849 CRL.P No. 5904 of 2025
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner, who is apprehending arrest in Crime No.9/2025 registered by Koramangala Police Station, Bengaluru, for the offences punishable under Section 420 read with Section 34 of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent.
3. FIR in Crime No.9/2025 was registered by Koramangala Police Station, Bengaluru, for the aforesaid offences against Raghu A.K. and others based on the first information received on 21.01.2025 from Ranjeet Kumar, son of Ajay Prasad Gupta, Branch Manager of Bank of Maharashtra, Koramangala Branch, Bengaluru. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.2401/2025 before the jurisdictional Sessions
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HC-KAR NC: 2025:KHC:23849 CRL.P No. 5904 of 2025 Court, which was rejected on 26.03.2025. Therefore, petitioner is before this Court.
4.
Learned counsel for the petitioner submits that the petitioner's name is not found in the FIR and he is a subsequent purchaser of the property in dispute from accused No.1. He is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP, who has opposed the petition, submits that the petitioner is a person with criminal antecedents. Accordingly, she prays to dismiss the petition.
6. In the FIR submitted by the Branch Manager of Bank of Maharashtra, Koramangala Branch, Bengaluru, it is alleged that accused No.4 - Yashoda had approached the Bank seeking financial assistance for purchase of an apartment and the Bank had sanctioned loan of Rs.56 lakhs to her. Accused No.1 - Raghu A.K., who is the
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HC-KAR NC: 2025:KHC:23849 CRL.P No. 5904 of 2025 builder and developer of the property had executed a Sale Deed in favour of accused No.4. Accused No.1 had allegedly sold the said property to multiple people and in the FIR, it is alleged that Raghu A.K. - accused No.1 had sold the very same property which was sold to accused No.4 - Yashoda, also to the petitioner.
7. In the FIR, petitioner is not arraigned as accused. The allegation against him is that he had purchased the property from accused No.1 which was also sold by accused No.1 to Yashoda - accused No.4, who had availed loan from the Bank for the purpose of purchase of the property.
8. 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. The allegations made against the petitioner are based on documentary evidence. Under the
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HC-KAR NC: 2025:KHC:23849 CRL.P No. 5904 of 2025 circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail requires to be answered affirmatively, subject to appropriate conditions. Accordingly, the following:-
ORDER (i) The Petition is allowed. (ii) 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.9/2025 registered by Koramangala Police Station, Bengaluru, for the offences punishable under Section 420 read with Section 34 of IPC pending before the Court of 39th ACMM, Bengaluru, subject to following conditions: (a) 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.
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HC-KAR NC: 2025:KHC:23849 CRL.P No. 5904 of 2025 b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) 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. d) The petitioner shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE PKS List No.: 1 Sl No.: 28