- 1 - NC: 2025:KHC:3161 CRL.P No. 147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 147 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. NAZEEM SHARIFF SON OF AEJAZ AHMED, AGED ABOUT 44 YEARS, NO.3/1, SHAHEEN AJAZ APARTMENT, 1ST MAIN, LAKKASANDRA, BANGALORE -560 030 …PETITIONER (BY SRI. GAJENDRA S., ADVOCATE) AND: THE STATE OF KARNATAKA BY WILSON GARDEN POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP R/STATE) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT TO RELEASE THE PETITIONER / ACCUSED ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.230/2024 BY WILSON GARDEN P.S., FOR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3161 CRL.P No. 147 of 2025 THE OFFENCE P/U/S 504,419,420,506(B) OF IPC PENDING ON THE FILE OF THE VI A.C.M.M AT BENGALURU THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, Learned High Court Government Pleader for the State and perused the material on record. 2. FIR in Crime No.230/2024 of Wilsonsgarden Police Station, has been registered against the petitioner for the offence punishable under Section 504, 419, 420, 506(B) of IPC, on a private complaint filed by one Hepzibha. S., which was referred to police for investigation. 3. The gist of the complaint allegations are that petitioner herein by playing fraud has sold the property belonging to the complainant in favour of one Sri.Yellappa. Further, it was assured by the petitioner that the property - 3 - NC: 2025:KHC:3161 CRL.P No. 147 of 2025 will be re-registered in the name of the complainant or payment of Rs.25,00,000/-, will be made, however, petitioner has not made any financial arrangement as per the agreement and also failed to return Rs.25,00,000/-. 4. The complainant is said to be the owner of land bearing Muncipal.No.1055/2/4/6, situated at Hennur Village, Kasaba Hobli, Bangalore North Taluk, measuring 30X40 square feet. As she was in need of financial assistance, by way of a registered mortgage deed dated 03.03.2024, the property was mortgaged with the petitioner for a sum of Rs.14,00,000/-. It is stated that the complainant executed an unregistered GPA on 03.03.2014, appointing the petitioner as her power of attorney holder and authorized him to sell the property. 5. It is the further case of the complainant that, she cleared entire amount by way of bank transaction and in a cheque bounce case in C.C.No.29962/2014, both filed a joint memo regarding financial settlement. The allegations are that though the property stands in the - 4 - NC: 2025:KHC:3161 CRL.P No. 147 of 2025 name of the complainant till 2014, the property was sold by accused to one Sri. Yellappa in the year 2014 without the knowledge of the complainant. Later, the accused came forward to compromise assuring that her property will be re-registered in the name of the complainant and also entered a joint agreement on 30.05.2019. However, neither the amount was returned nor the property was re-registered in her name and therefore, accused cheated her. 6. There appears a civil dispute between the complainant and accused. The transaction has taken place between 2014-2019. The complaint is filed in the year 2024. The offences alleged are not punishable with death or imprisonment for life. Allegations have to be proved in due course. Petitioner has undertaken to co-operate with the investigation of the case. Hence, the following:- ORDER i) Petition is allowed. - 5 - NC: 2025:KHC:3161 CRL.P No. 147 of 2025 ii) Petitioner / accused shall be released in the event of his arrest in Crime No.230/2024 of Wilsongarden Police Station, subject to following conditions: a) He shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with a surety for the likesum. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address. c) He shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) He shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. - 6 - NC: 2025:KHC:3161 CRL.P No. 147 of 2025 e) He shall not tamper with the prosecution witnesses either directly or indirectly. f) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 37 CT:SNN