- 1 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 7013 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI C P SATISH KUMAR S/O C.N PRASANNA KUMAR AGED ABOUT 58 YEARS R/O NO.769 THAIJASA, BEHIND SKP TEMPLE ROAD GANESHPET, DAVANAGERE-577 001 2. SRI J V GOPAL KRISHNA S/O VENKATACHALAPATHY SHETTY AGED ABOUT 73 YEARS OCC BUSINESSMEN, R/O 3472 2ND MAIN, 2ND CROSS NEAR VIDYASAGAR CLINIC MCC B BLOCK, DAVANGERE 577001 3. SRI RAJENDRA KUMAR S/O LATE K VISHWNATH SETTY AGED ABOUT 66 YEARS OCC RETIRED EMPLOYEE R/O N O 3993/60/60 VAIBHOGA 21ST MAIN KUVEMPUR NAGAR MCC B BLOCK DAVANGERE 577004 4. SRI HUCHAERAYAPPA S/O RAMAPPA SHETTY AGED ABOUT 73 YEARS OCC BUSINESSMAN R/O NO 1785/28 14TH CROSS, 8TH MAIN SIDDAVERRAPPA LAYOUT DAVANGERE 577004 5. SRI RAGHUNATH A S S/O A SATHYANARAYANASHWETTY AGED ABOUT 62 YEARS OCC BUSINESSMAN, R/AT 508/1 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 5TH MAIN, 6TH CROSS NEAR RAM AND CO CIRCLE P J EXTENSION DAVANGERE 577 001 6. SRI SATHEESH KUMAR RATTIHALLI S/O KONDANDRAMA SHETTY AGED ABOUT 58 YEARS OCC BUSINES MEN R/O NO 805/2 SRI LAKHSMI NIVASA DAVANAGERE, NEAR OLD BST TEXTILES, DAVANAGERE 577 001 7. SRI C P SHESHADRI PRASAD S/O PARAMESHWAR GUPTA AGED ABOUT 66 YEARS OCC BUSINESSMEN R/O NO 3782/13, SHESHADRI 3RD MAIN, 5TH CROSS B BLOCK SS LAYOUT DAVANGERE- 577 001 …PETITIONERS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA., ADV.) AND: 1. STATE OF KARNATAKA BY EXTENSION POLICE STATION DAVANGERE 577 001 2. GANDHINAGARA POLICE STATION DAVANAGERE – 577 001 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BULIDNG BENGLAURU 560 001 …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ANTICIPATORY BAIL IN THE EVENT OF THEM FROM THE RESPONDENT EXTENSION POLICE DAVANAGERE IN CRIME NO.62/2025 ON THE FILE OF 2ND ADDL.CIVIL JUDGE AND JMFC COURT DAVANAGERE REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 120B, 149, 406, 420, 465, 468 OF IPC PRAY FOR OTHER RELIEF ON SUCH TERMS AND CONDITIONS AS DEEM FIT OF THIS HONBLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. - 3 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER This petition is filed by the accused Nos.1 to 7 seeking for anticipatory bail in Crime No.62/2025, registered by the Davanagere Extension Police Station for the offences punishable under Sections 120B, 149, 406, 420, 465, 468 of Indian Penal Code. 2. It is the case of the prosecution that the complainant had lodged a complaint stating that Sri.Kannika Paremeshwari Devastana Diamand Jubli Vidyapeeta (R.) had properties belonging to the Trust. The office bearers of the said Devastana are stated to have committed cheating, breach of trust and conspiracy to take away the properties belongs to the Trust on 28.06.2024 by concocting a supplementary deed. 3. It is further submitted that the petitioners have no right, title or interest over the properties belongs to the complainant-Trust, however, they threatened the - 4 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 complainant in order to deal with the properties of the Trust. Hence, he lodged a complaint. Hence, the respondent/police have registered a case in Crime No.62/2025 for the offences stated supra. 4. Heard Sri Hiremathad Maheshiah Rudrayya, learned counsel for the petitioners and Smt. Waheeda M. M., learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioners that the petitioners are the innocent of the alleged offences and there is an inordinate delay in lodging the complaint. There are civil disputes pending against the petitioners and the Trust which are pending before the respective jurisdictional Courts. The matter is pre-matured for the reason that the title or interest of the properties has to be decided by the competent Civil Court. Therefore, the petitioners may be enlarged on bail by imposing suitable conditions. - 5 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 6. Per contra, the learned High Court Government Pleader vehemently opposed the said submissions and she further submitted that the allegation made against the petitioners are serious in nature and they are trying to knock of the property of the Trust which is unpardonable. Mere pendency of the civil dispute would not absolve the criminal liability. Therefore, the custodial interrogation are very much essential in order to bring out the truth or otherwise. Hence, the bail application has to be rejected. 7. Having heard learned counsel for the respective parties and also perused the averments of the complaint and also the FIR, it appears from the record that the petitioners are the office bearers of the Trust under which certain properties are there. There is a dispute between the Trust members and the complainant in respect of claiming the title over the said properties. The matter is still pending before the Civil Court. Having considered the pendency of the civil suit, it is appropriate to grant anticipatory bail by imposing suitable conditions. - 6 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 8. Hence, I proceed to pass the following: ORDER The petition is allowed. The petitioners No.1 to 7 are ordered to be enlarged on bail in the event of their arrest in Crime No.62/2025 registered by respondent police for the offences punishable under Sections 120-B, 149, 406, 420, 465, 468 of IPC pending on the file of the II Addl. Civil Judge & JMFC, Davanagere subject to the following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety each for the likesum to the satisfaction of the jurisdiction police. (ii) The petitioners shall appear before the respondent police within one month from today to execute the bonds and also the sureties. (iii) The petitioners shall appear before the respondent police on fortnightly Saturday between 10.00 a.m., to 2.00 p.m., and - 7 - NC: 2025:KHC:18305 CRL.P No. 7013 of 2025 they have to affix their signatures till filing of the charge sheet. (iv) The petitioners shall not threaten or tamper the prosecution witnesses. (v) The petitioners shall not commit similar offences till disposal of the case. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vii) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. In case, if the petitioners violate any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE JS List No.: 1 Sl No.: 5