NAGENDRA KUMAR G S v. STATE BY HUNSUR RURAL POLICE,
CRL.P/6943/2025 · 2025-06-02
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26438 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26438 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18545 CRL.P No. 6943 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6943 OF 2025 BETWEEN:
1.
NAGENDRA KUMAR G.S S/O SUBBARAYA AGED ABOUT 42 YEARS R/AT KOLAGALA POST, HAMPAPURA HOBLI, H.D.KOTE TALUK GUJJAPPANA HUNDI MYSURU DISTRICT - 571 125.
2. BASAVARAJEGOWDA S/O LATE MALLEGOWDA AGED ABOUT 47 YEARS R/AT SHIRMALLI VILLAGE KASABA HOBLI, H.D.KOTE TALUK, MYSURU DISTRICT - 571 114.
3.
BASAVARAJAPPA N.
S/O LATE NINGAPPA AGED ABOUT 70 YEARS R/AT HANAGODU VILLAGE HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571 105.
4. PALLAVI C/O LATE MADHU H.B AGED ABOUT 30 YEARS R/AT NO.47C, HANAGODU VILLAGE, HANAGODU POST AND HOBLI, HUNSUR TALUK
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:18545 CRL.P No. 6943 of 2025
MYSURU DISTRICT - 571 105.
5.
PUTTASWAMAPPA H.N S/O LATE NINGAPPA AGED ABOUT 67 YEARS R/AT KOLAVIGE ROAD HANAGODU VILLAGE HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT - 571 105.
6.
PAVAN KUMAR S/O PRAKASH AGED ABOUT 27 YEARS ANKANAHALLI VILLAGE MANUGANAHALLI POST BILIKERE, HOBLI HUNSUR TALUK MYSURU DISTRICT - 571 103.
7.
SANJU H.V S/O LATE VEERABHADRAPPA AGED ABOUT 35 YEARS HEGGANDURU VILLAGE HANAGODU HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571 105.
8. JAYARAMA S/O SANNAMANCHAIAH AGED ABOUT 47 YEARS BEERANAHALLI VILLAGE HONENAHALLI POST HANAGUDU HOBLI HUNSUR TALUK MYSURU DISTRICT - 571 105. …PETITIONERS (BY SRI C.M. JAGADEESH, ADV.) AND:
STATE BY HUNSUR RURAL POLICE MYSURU DISTRICT, REPRESENTED BY
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HC-KAR NC: 2025:KHC:18545 CRL.P No. 6943 of 2025
STATE PUBLIC PROSECUTOR STATE OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.68/2025 FOR THE O/P/U/S 406, 409, 417, 420, 465, 468, 468, 471, 504 AND 506 OF IPC PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN) AND JMFC AT HUNSUR, MYSURU CITY, BY ALLOWING THIS PETITION.
THIS PETITION, 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 8 in Crime No.168/2025 registered by Hunusur Rural Police Station, Mysuru District, for the offences punishable under Sections 408, 409, 417, 420, 465, 468, 471, 504 and 506 of IPC, are before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.168/2025 was registered by Hunusur Rural Police Station, Mysuru, for the aforesaid offences against the petitioners herein and others based on the first information
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HC-KAR NC: 2025:KHC:18545 CRL.P No. 6943 of 2025
dated 13.04.2025 received from Rajesh Chowdari S/o Anand Ram. Apprehending arrest in the case, petitioners had filed Crl.Mis.No.5094/2025 before the jurisdictional Sessions Court which was rejected on 03.05.2025. Therefore, they are before this Court. 4. A perusal of the material on record would go to show that there are multiple civil disputes between the parties. First informant Rajesh Chowdari had filed OS No.138/2022 against accused Nos.3 and 4 which is pending consideration before the jurisdictional Civil Court. The material on record would also go to show that accused Nos.3 and 4 have filed a separate suit in OS No.417/2024 against Rajesh Chowdari and his brother Prakash and the said suit is also pending before the jurisdictional Civil Court. The present complaint is subsequently filed in the month of April, 2025, alleging that accused persons have created documents in respect of the property which were allegedly purchased by the first informant from accused No.3 and thereby, have cheated him. The dispute between the parties primarily appears to be civil in nature and the parties are already before the Civil Court in the aforesaid suits and
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HC-KAR NC: 2025:KHC:18545 CRL.P No. 6943 of 2025
therefore, I am of the opinion that the prayer made by petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
5. 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.168/2025 registered by Hunusur Rural Police Station, Mysuru District, for the offences punishable under Sections 408, 409, 417, 420, 465, 468, 471, 504 and 506 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
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HC-KAR NC: 2025:KHC:18545 CRL.P No. 6943 of 2025
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
DN