- 1 - NC: 2025:KHC:17314 CRL.P No. 5979 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5979 OF 2025 BETWEEN: SMT. SAROJA, AGED ABOUT 50 YEARS, W/O LATE SHANKARANARAYANA RAO, R/O VISHNUMOORTHI NILAYA, NAGOOR, KIRIMANJESHWARA VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT-576 219. …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY BYNDOOR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560 001. …RESPONDENT (SMT. WAHEEDA M.M., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.62/2025 REGISTERED BY THE KUNDAPURA POLICE, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, BAINDURU, UDUPI DISTRICT, FOR THE OFFENCE P/U/S 464(A), 465, 468, 471, 420 R/W 34 OF IPC. Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17314 CRL.P No. 5979 of 2025 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.1 in Crime No.62/2025 registered by Byndoor Police Station, Udupi District, for the offences punishable under Sections 464(A), 465, 468, 471, 420 R/w 34 of Indian Penal Code (for short 'the IPC') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsels for the parties. 3. FIR in Crime No.62/2025 was registered by Byndoor Police Station, Udupi District for the aforesaid offences against the petitioner and others based on the first information dated 25.03.2025 received from Krishna Hebbar, who is the elder brother of the petitioner. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.606/2025 before the Jurisdictional Sessions Court, which was rejected on 15.04.2025. Therefore, she is before this Court. 4. Learned counsel for the petitioner submits that the first informant and accused No.2 are the brothers of the petitioner. Allegation against the petitioner is that on the basis - 3 - NC: 2025:KHC:17314 CRL.P No. 5979 of 2025 of the fraudulent General Power of Attorney allegedly executed by the first informant, she had executed a gift deed in favour of accused No.2. After coming to know about the fraud committed by accused No.2, who had misled the petitioner, she had approached the police on 09.03.2025 and has submitted a complaint. She is ready and willing to cooperate with the police. Accordingly, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition on the ground that serious allegation is found against the petitioner in the FIR. 6. Perusal of the material on record would go to that the first informant is the elder brother of accused Nos.1 and 2. Allegation in the first information is that based on the alleged General Power of Attorney, which was fraudulently created by accused No.2, petitioner herein had executed a gift deed in favour of accused No.2, who thereafter had executed a sale deed in respect of the property, which was subject matter of the gift deed in favour of accused Nos.5 to 7. Undisputedly, petitioner is not a party to the sale deed, which is subsequently executed by accused No.2 in favour of accused Nos.5 to 7. After the petitioner came to know about the creation of - 4 - NC: 2025:KHC:17314 CRL.P No. 5979 of 2025 fraudulent GPA from the first informant, she had approached the police on 09.03.2025 and had submitted a complaint making allegation against accused No.2, who is the beneficiary of the fraudulent GPA. It appears that the police after receiving the said complaint had given an endorsement stating that dispute is civil in nature and accordingly had asked the petitioner to approach the civil Court. Petitioner is a lady aged about 50 years, she has no other criminal antecedent. She has undertaken to co-operate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. Under such circumstances, I am of the opinion that the prayer made by the petitioner herein for grant of anticipatory bail is required to be answered affirmatively. 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 petitioner in the event of her arrest in Crime No.62/2025 registered by Byndoor Police Station, Udupi District, for the offences punishable under - 5 - NC: 2025:KHC:17314 CRL.P No. 5979 of 2025 Sections 464(A), 465, 468, 471, 420 R/w 34 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 BH/ List No.: 2 Sl No.: 13