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2025 DAILYLAW 25938 (KAR)

SRI K SURYANARAYANA RAJU v. STATE OF KARNATAKA

CRL.P/6804/2025 · 2025-06-16

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20817 CRL.P No. 6804 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6804 OF 2025 BETWEEN: SRI K. SURYANARAYANA RAJU S/O K. NARASIMHA AGED 53 YEARS AT NO.41, NANDIDURGA MAIN ROAD, JAYAMAL EXTENSION BENGALURU - 560 046. …PETITIONER (BY SRI BAPAT SAMPATH VINAYAKA RAO, ADV.) AND: STATE OF KARNATAKA BY RAJANA KUNTE POLICE STATION BENGALURU RURAL DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST OF PETITIONER IN CONNECTION WITH THE CR.NO.62/2025 REGISTERED BY THE 1ST RESPONDENT POLICE FOR THE OFFENCES P/U/S 406, 420, 465, 468 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20817 CRL.P No. 6804 of 2025 ORAL ORDER Accused No.1 in Crime No.62/2025 registered by Rajanukunte Police Station, Bengaluru for offences punishable under Sections 406, 420, 465, 468 r/w 34 of IPC is before this Court under Section 482 of 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.62/2025 was registered by Rajanukunte Police Station, Bengaluru for the aforesaid offences against the petitioner herein and three others based on the information dated 10.03.2025 by Dr.Lakshminarayan Bhathav, S/o. late Kedaranath Bhathav. Apprehending arrest in the said case petitioner had filed Crl.Misc.No.10055/2025 before the jurisdictional Court, which was rejected on 29.03.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:20817 CRL.P No. 6804 of 2025 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 a third party. 5. The petitioner is said to be working as a Managing Director of the aforesaid Company. Be that as it may, the dispute between the parties primarily appears to be civil in nature. Accused No. 2 as against whom similar allegations are found in the FIR has been granted anticipatory bail by this court in Crl. P. No. 5672/2025 disposed off on 12.06.2025. Undisputedly, petitioner has no other criminal antecedents. The petitioner has - 4 - HC-KAR NC: 2025:KHC:20817 CRL.P No. 6804 of 2025 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: 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) - 5 - HC-KAR NC: 2025:KHC:20817 CRL.P No. 6804 of 2025 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 KK