- 1 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7674 OF 2025 BETWEEN: SRI. DAYANANDA SAGAR S, S/O. SHIVARUDRA. M, AGED ABOUT 35 YEARS, R/AT.NO.444, GOVINDAPPA, GOVERNMENT SCHOOL MAIN ROAD, KODIGEHALLI, BATARAYANAPURA, SAHAKARANAGARA POST, BANGALORE - 560 092. …PETITIONER (BY SRI. B.N. MAHESH CHANDRA, ADVOCATE SRI. SATYANARAYAN CHALKE, ADVOCATE) AND: THE STATE OF KARNATAKA, STATION HOUSE OFFICER, KODIGEHALLI POLICE STATION. BENGALURU - 560 092, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE HIM ON BAIL IN THE EVENT OF THEIR ARREST IN FIR CR.NO.132/2025 REGISTERED BY THE KODIGEHALLI P.S., FOR THE OFFENCES P/U/S 319(2), 318(4), 336(3), 340(2), 339, 3(5) OF BNS, PENDING ON THE FILE OF THE HONBLE 7th ACMM COURT, NRUPATUNGA ROAD, 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 Accused No.4 in Crime No.132/2025 registered by Kodigehalli Police Station, Bengaluru for offences punishable under Sections 319(2), 318(4), 336(3), 338, 340(2), 339 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 3. FIR in Crime No.132/2025 was registered by Kodigehalli Police Station, Bengaluru for the aforesaid offences against one Sanjay K.N. and others based on the first information received on 25.04.2025 from Hema Aras H.Y, wife of Shantharaj Aras U.L. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.3924/2025 before the Court of LXVIII Additional City Civil and Sessions Judge, Bangalore City (CCH-69) which was rejected on 28.05.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that the name of the petitioner is not found in the FIR. The petitioner has no criminal antecedents and he is ready to cooperate with the Investigation Officer for the purpose of investigation. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP who has opposed the bail petition, however does not dispute the submissions made by the learned counsel for the petitioner. - 4 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 7. The first information was submitted on 25.04.2025 by Hema Aras H.Y. alleging that the site bearing No.71 situated at NTI Layout, Gandhi Nagar 2nd Stage, Bangalore which was purchased by her under a registered sale deed, was subsequently sold under a fraudulent document dated 16.08.2024 in favour of accused Nos.1 and 2 named in the FIR by a person who impersonated himself as her vendor M.D. Ganesh Prasad. It is alleged by the petitioner that his name is not found in the FIR. 8. Petitioner is now arrayed as accused No.4 in the remand application of accused No.1 who was arrested in the present case. Subsequently, accused no.1 was enlarged on regular bail. There is no specific allegation found against the petitioner in the remand application of accused No.1. It is only stated that the petitioner had colluded with Accused No.3 who had impersonated himself as M.D. Ganesh Prasad and had executed a fraudulent sale deed in favour of accused Nos.1 and 2. Petitioner has no other criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation of the case. The alleged offence is neither - 5 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 punishable with death nor with imprisonment for life. The maximum punishment for the aforesaid offences is imprisonment for a period of seven years. 9. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively reserving liberty to the Investigation Officer to take the petitioner into custody for purpose of interrogation by filing necessary application before the Trial Court, in the event it is absolutely necessary. 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 his arrest in Crime No.132/2025 registered by Kodigehalli Police Station, Bengaluru for offences punishable under Sections 319(2), 318(4), 336(3), 338, 340(2), 339 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 (i) The petitioner shall appear before the Investigating Officer between 10.00 a.m., and 11.00 a.m., on 25.06.2025, and on the said date, the Investigation Officer is at liberty to take him into custody, if necessary, for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 6.00 p.m., subject to the petitioner executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer. (ii) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) 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. - 7 - HC-KAR NC: 2025:KHC:21184 CRL.P No. 7674 of 2025 (iv) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE SNC List No.: 2 Sl No.: 5 CT: BHK