- 1 - HC-KAR NC: 2025:KHC:20475 CRL.P No. 7014 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7014 OF 2025 BETWEEN: 1. SRI SATISH CHANDRA WADHWA AGED ABOUT 63 YEARS S/O GOVERDHAN LAL WADHWA R/AT A2/2, NAVAL CHS NEAR LIBERTY GARDEN MALAD, WEST MUMBAI, MAHARASHTRA - 400 064. 2. SMT. VINITA WADHWA AGED ABOUT 63 YEARS W/O SATISH CHANDRA WADHWA R/AT A2/2, NAVAL CHS NEAR LIBERTY GARDEN MALAD, WEST MUMBAI MAHARASHTRA - 400 064 ALSO RESIDING AT NO.14 B, SR AKSHAYA MUKTHI ENCLAVE MANAPAKKAM KANCHEEPURAM TAMIL NADU - 600 125. …PETITIONERS (BY SRI SOFIYA, ADV.) AND: STATE OF KARNATAKA BY ATTIBELE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN CRIME NO.511/2024, OF THE RESPONDENT ATTIBELE POLICE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20475 CRL.P No. 7014 of 2025 STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 61(2), 318(2), 318(4), 351(2) R/W 3(5) OF BHARATIYA NYAYA SANHITA, 2023 ARISING OUT OF PCR NO.537/2024 PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN THE AFORESAID CRIME NUMBERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 and 2 in Crime No.511/2024 registered by Attibele Police Station, Bengaluru District for the offences punishable under Sections 318(2), 318(4), 351(2), 61(2) R/w 3(5) of BNS, 2023 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. The defacto complainant Udaya Kumar V s/o late Vasudevan had field a private complaint before the jurisdictional Court of Magistrate at Anekal in PCR No.537/2024 which appears to have been referred to jurisdictional police by the jurisdictional Magistrate and - 3 - HC-KAR NC: 2025:KHC:20475 CRL.P No. 7014 of 2025 subsequently FIR in Crime No.511/2024 was registered by Attibele Police Station, for the aforesaid offences against the petitioners herein. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.5162/2025, before the jurisdictional Sessions Court was rejected on 17.04.2025. Therefore, they are before this Court. 4. Perusal of the averments found in the private compliant filed by the defacto complainant, which resulted in registering FIR in the present case against the petitioners would go to show that, the dispute between the parties is purely civil in nature. The allegation made in the private complaint is that accused persons had entered into sale agreement with the defacto complainant and his mother and had received huge amount towards advance sale consideration from the defacto complainant. However, the accused persons thereafter had not come forward to execute the sale deed in favour of the defacto complainant and his mother. - 4 - HC-KAR NC: 2025:KHC:20475 CRL.P No. 7014 of 2025 5. From the aforesaid it is apparent that, the remedy to the defacto complainant is before the competent civil Court. Undisputedly, the petitioners, who are aged about 63 years have no criminal antecedents. They have undertaken to cooperate with the police for the purpose of investigation. Therefore, I am of the opinion that, the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. 6. 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 their arrest in Crime No.511/2024 registered by Attibele Police Station, Bengaluru District for the offences punishable under Sections 318(2), 318(4), 351(2), 61(2) R/w 3(5) of BNS, 2023 subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:20475 CRL.P No. 7014 of 2025 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS