- 1 - HC-KAR NC: 2025:KHC:19408 CRL.P No. 6209 of 2025 C/W CRL.P No. 6461 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6209 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 6461 OF 2025 (438(Cr.PC) / 482(BNSS)) IN CRL.P No. 6209/2025: BETWEEN: MR. SANDEEP KUMAR, S/O B M SURESH, AGED ABOUT 40 YEARS, R/A NO. 107, TG CITADEL, 7TH CROSS, BTM LAYOUT, 2ND STAGE, DOLLARS LAYOUT, BANNERGHATTA ROAD, BANGALORE - 560 076. …PETITIONER (BY SRI. ANAND MUTTALLI., ADVOCATE) AND: STATE OF KARNATAKA, BY SURYANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19408 CRL.P No. 6209 of 2025 C/W CRL.P No. 6461 of 2025 (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THE INSTANT PETITION AND ENLARGE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST BY THE RESPONDENT SURYANAGAR POLICE STATION BASED ON THE COMPLAINT REGISTRED BY MR. ASHWATH NARAYANASWAMI IN CR/FIR.NO.0135/2025 FOR THE OFFENCES P/US/ 417, 419, 420, 465, 468, 471, 120B R/W 34 OF THE IPC 1860. IN CRL.P NO. 6461/2025: BETWEEN: 1. PRASAD BALIKAI, S/O KESHAPPA, AGED ABOUT 27 YEARS, R/AT BHUTALASHIDDESHVAR NAGAR, HAROKERI TALUK RAYABHAGA, BELGAUM, KARNATAKA-591 220. 2. PRADEEP C S/O CHENNAIAH, AGED ABOUT 44 YEARS, RESIDING AT 23, 1ST FLOOR 4TH CROSS, SARASWATHIPURAM, ULSOOR, BENGALURU-560 008. ...PETITIONERS (BY SRI. ANAND MUTTALLI., ADVOCATE) AND: STATE OF KARNATAKA, BY SURYANAGAR POLICE STATION, REPRESENTED BY state PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, - 3 - HC-KAR NC: 2025:KHC:19408 CRL.P No. 6209 of 2025 C/W CRL.P No. 6461 of 2025 BENGALURU-560 001. ...RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE INSTANT PETITION AND ENLARGE THE PETITIONERS ON BAIL, IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE SURYANAGAR STATION, BASED ON THE COMPLAINT REGISTERED B MR. ASHWATH NARAYANASWAMI IN CRIME / FIR NO.0135/2025, 2ND ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANEKAL, BENGALURU RURAL FOR THE OFFENCE P/U/S 417, 419, 420, 465, 468, 471, 120B R/W SEC. 34 OF IPC, 1860. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused Nos.1 to 3 in Crime No.135/2025 registered by Suryanagar Police Station, Bangalore for the offence punishable under Sections 417, 419, 420, 465, 468, 471, 120B read with section 34 of IPC, are before this court in these two petitions filed under Section 438 of Cr.P.C., seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 4 - HC-KAR NC: 2025:KHC:19408 CRL.P No. 6209 of 2025 C/W CRL.P No. 6461 of 2025 3. FIR in Crime No.135/2025 was registered by Suryanagar Police Station, Bangalore for the aforesaid offences against the petitioners herein based on the first information dated 26.03.2025 received from Aswath Narayan Swamy son of Muniyappa. Apprehending arrest in the case, the petitioners had filed Crl.Misc.Nos.5164/2025, 5168/2025 and 5173/2025 before the jurisdiction sessions court which were rejected by common order dated 17.4.2025. Therefore, petitioners are before this court. 4. In the typed first information submitted on 26.3.2025, the first informant has alleged that he had entered into an agreement for sale in respect of land bearing Sy.No.50 totally measuring 1 acre and 5 guntas with the accused No.1 and subsequent to entering into registered sale agreement, a registered General Power of Attorney was also executed by the first informant in favour of accused No.1. It is further alleged that on 16.10.2024, accused No.1 without the knowledge of the first informant, had obtained 11E sketch of the property belonging to the first informant and based on the Power of Attorney executed in his favour, he has allegedly executed a sale deed in respect of the property which was subject matter - 5 - HC-KAR NC: 2025:KHC:19408 CRL.P No. 6209 of 2025 C/W CRL.P No. 6461 of 2025 of agreement for sale, in favour of accused No.3. From the allegations found in the first information, the dispute between the parties prima facie appears to be civil in nature. The material on record, goes to show that the agreement to sale and General Power of Attorney was executed by the first informant in favour of accused No.1, after receiving substantial amount of sale consideration in advance and said documents were also registered. Undisputedly petitioner's do not have any criminal antecedents, they have undertaken to cooperate with the police for the purpose of investigation. The alleged offence is triable by the Magistrate and maximum punishment for the said offences is imprisonment for a period of 7 years. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer of the petitioners for grant of anticipatory bail needs to be answered affirmatively. 5. Accordingly, the following: ORDER The criminal petitions are allowed. The respondent - Police is directed to release the petitioners in the event of their arrest in Crime No.135/2020 - 6 - HC-KAR NC: 2025:KHC:19408 CRL.P No. 6209 of 2025 C/W CRL.P No. 6461 of 2025 registered by Suryanagar Police Station, Bangalore for the offence punishable under Sections 417, 419, 420, 465, 468, 471, 120B R/W section 34 of IPC, 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 AKV List No.: 1 Sl No.: 88