- 1 - HC-KAR NC: 2025:KHC:18553 CRL.P No. 7353 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. 7353 OF 2025 BETWEEN: SRI BALAJI NANBEND @ BALAJI BHARATHIRAJA S/O BHARATHIRAJA AGED ABOUT 29 YEARS R/AT NO. 2/350 ATHUMEDU, PUDUPET AMMANANKOIL, PADUPETTAI VELLORE, TAMIL NADU - 635 651. …PETITIONER (BY SRI CHANDAN B.K, ADV., FOR SRI SHEKHAR BADIGER, ADV.) AND: THE STATE OF KARNATAKA BY ANNAPOORNESHWARI NAGAR POLICE STATION, BENGALURU CITY (REP BY THE SPP, HIGH COURT PREMISES, BENGALURU - 560 001) …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT HIM RELIEF OF ANTICIPATORY BAIL IN CR.NO.74/2025 ANNAPOORNESHWARINAGAR PS. REGISTERED FOR THE OFFENCES P/U/S. 506, 504, 120-B, 406, Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18553 CRL.P No. 7353 of 2025 420 R/W 34 IPC CORRESPONDING TO SECTIONS 316(2), 318(4), 352, 353, 61, R/W 3(5) OF THE BNS, 2023 AND FURTHER BE PLEASED TO DIRECT THE STATION HOUSE OFFICE, ANNAPOORNESHWARINAGAR POLICE STATION TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST IN THE ABOVE CASE WHICH IS NOW PENDING BEFORE THE IV ADDL. CMM, BENGALURU CITY. 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 No.3 in Crime No.74/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 506, 34, 504, 120B, 406 and 420 of IPC, is 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.74/2025 was registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the aforesaid offences against Sathish Kumar and others based on the first information dated 25.02.2025 received from - 3 - HC-KAR NC: 2025:KHC:18553 CRL.P No. 7353 of 2025 Jayalakshmi. Petitioner herein, who was arraigned as accused No.3 in the FIR had filed Crl.Misc.No.3215/2025 before the jurisdictional Sessions Court seeking anticipatory bail which was dismissed on 28.04.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that dispute between the parties is civil in nature. Accused Nos.2 and 4 have been granted anticipatory bail by this Court in Crl.P.No.5076/2025. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, however does not dispute the submission made by learned counsel for the petitioner. 6. This Court while granting anticipatory bail to accused Nos.2 and 4 in Crl.P.No.5076/2025 disposed of on 17.04.2025, in paragraph No.7 of the order, has observed as follows: "7. In the first information which is submitted on 25.02.2025, it is alleged that first informant had approached the accused persons for providing her residential accommodation on lease and accordingly, on receipt of Rs.12,00,000/- from the first informant, she - 4 - HC-KAR NC: 2025:KHC:18553 CRL.P No. 7353 of 2025 was provided a residential accommodation. Similarly situated other tenants, from whom money was collected by the accused persons, were also provided with residential accommodations and the first informant and all other similarly situated tenants have been put in possession of their respective properties. It is not in dispute that the first informant and other tenants are in possession of their respective residential premises as on this date. The allegation in the first information is that the accused persons are now demanding the first informant and other tenants to vacate the premises and they have been threatening them. If that is so, it is for the aggrieved parties to approach the jurisdictional civil Court and seek necessary reliefs to protect their possession in respect of the premises which has been leased out to them. The dispute between the parties primarily appears to be in civil in nature. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years." 7. The allegation against petitioner and accused Nos.2 and 4, who have been granted anticipatory bail in Crl.P.No.5076/2025 are similar. It is not in dispute that petitioner has no other criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the - 5 - HC-KAR NC: 2025:KHC:18553 CRL.P No. 7353 of 2025 petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 8. The 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 in Crime No.74/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru City, for the offences punishable under Sections 506, 34, 504, 120B, 406 and 420 of IPC, subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum 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 he shall co-operate with the police for investigation and appear before them whenever called upon. - 6 - HC-KAR NC: 2025:KHC:18553 CRL.P No. 7353 of 2025 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN