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2025 DAILYLAW 26502 (KAR)

MR T S RAVI v. STATE BY

CRL.P/6975/2025 · 2025-06-09

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19595 CRL.P No. 6975 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. 6975 OF 2025 BETWEEN: 1. MR. T.S. RAVI S/O LATE C SIDDEGOWDA AGED ABOUT 50 YEARS. 2. MR. SRINIVASA W/O LATE C SIDDEGOWDA AGED ABOUT 47 YEARS. BOTH ARE R/AT THANDRE KOPPALU VILLAGE MIRLE HOBLI, DEVI THANDRE POST SALIGRAMA TALUK MYSURU DIST - 576 225. …PETITIONERS (BY SRI KUMARA K.G, ADV.) AND: STATE BY KARNATAKA SALIGRAMA POLICE STATION MYSORE DISTRICT - 576 225. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19595 CRL.P No. 6975 of 2025 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.98/2025 REGISTERED BY THE RESPONDENT SALIGRAM POLICE, FOR THE OFFENCES P/U/S 318(4),319(1),318(2),336(2),61(2) R/W 190 OF BNS, 2023, PENDING ON THE FILE OF HONBLE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, MYSURU. 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.3 and 4 in Crime No.98/2025 registered by Saligrama Police Station, Mysuru District, for the offences punishable under Sections 318(4), 319(1), 318(2), 336(2), 61(2) and 190 of BNS, 2023, 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.98/2025 was registered by Saligrama Police Station, Mysuru District, for the aforesaid offences against one K C Subbegwoda and four others based on the first information dated 14.04.2025 received from K S Rajegowda S/o Subbegowda. Apprehending arrest in the case, petitioners herein, who are arraigned as accused Nos.3 and 4 had filed - 3 - HC-KAR NC: 2025:KHC:19595 CRL.P No. 6975 of 2025 Crl.Misc.No.5098/2025 before the jurisdictional Sessions Court which was rejected on 03.05.2025. Therefore, they are before this Court. 4. In the first information which is submitted by K S Rajegowda S/o Subbegowda, he has stated that his father late Subbegowda had purchased the land bearing Sy.No.24/1, measuring 1 acre 9 guntas and after his death, the said property was in possession and enjoyment of his children, who allegedly had partitioned the said property among themselves. The allegation in the first information is that accused No.1 by impersonating himself to be the owner of the aforesaid property had executed a Sale Deed in respect of the said property in favour of accused No.2 for a sale consideration of Rs.4,90,000/- on 13.03.2025. Petitioner No.1, who is arraigned as accused No.3 in the FIR is said to be a Deed Writer, who had prepared the aforesaid Sale Deed and petitioner No.2, who is arraigned as accused No.4 in the FIR is said to be the brother of accused No.3 and he allegedly had signed the aforesaid Sale Deed as attesting witness. The material on record would go to show that the property in question stood in the name of - 4 - HC-KAR NC: 2025:KHC:19595 CRL.P No. 6975 of 2025 Subbegowda even after his death and it appears that by taking advantage of the same, accused No.1 had executed the Sale Deed in favour of accused No.2. Insofar as petitioners are concerned, there is no allegation against them that they have made any unlawful gain in the aforesaid transaction. The only allegation against them is that accused No.3, who is a Deed Writer had prepared the aforesaid Sale Deed and accused No.4, who is his brother had signed the same as attesting witness. It is not in dispute that petitioners do not have any criminal antecedents. They have 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 alleged offences is imprisonment for a period of seven years. Under the circumstances, I am of the opinion that the prayer made by the 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.98/2025 - 5 - HC-KAR NC: 2025:KHC:19595 CRL.P No. 6975 of 2025 registered by Saligrama Police Station, Mysuru District, for the offences punishable under Sections 318(4), 319(1), 318(2), 336(2), 61(2) and 190 of BNS, 2023, 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 DN