- 1 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11480 OF 2025 BETWEEN: 1. MR. PADMANABHARAO S/O. LATE V.R. SUBBARAYAPPA, AGED ABOUT 72 YEARS, R/AT. VABASANDRA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562 114. 2. MR. RAMAPRASAD P. S/O. PADMANABHARAO, AGED ABOUT 35 YEARS, R/AT. VABASANDRA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT-562 114. …PETITIONERS (BY SRI. HASHMATH PASHA, SR. COUNSEL A/W SRI. HITESH D., ADVOCATE) AND: STATE OF KARNATAKA BY THE POLICE OF ANEKAL POLICE STATION, ANEKAL TALUK, BENGALURU RURAL DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP; SRI. DEEPAK M., ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER ENLARGING THEM ON BAIL, IN CRIME NO.196/2025 OF ANEKAL POLICE STATION, BENGALURU RURAL DISTRICT, REGISTERED FOR THE PUNISHABLE OFFENCE UNDER SECTIONS 115(2), 118(1), 352, 351(2), 140(2), 123, 190 OF BNS AND 25 OF THE ARMS ACT., AND WHICH IS NOW PENDING BEFORE THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, AT ANEKAL. 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 Senior counsel appearing for the counsel on record for petitioners, learned High Court Government Pleader for the State and learned counsel for respondent No.2-defacto complainant. 2. FIR in Crime No.196/2025 of Anekal Police Station, Bengaluru District, is registered against five named and other accused, on a complaint lodged by one - 3 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 Sreenidhi, for the offence punishable under Section 115(2), 118(1), 352, 351(2), 140(2), 150, 190 of BNS, 2023 and Section 25 of the Arms Act, 1959. 3. It is averred in the complaint that on 04.07.2025 at about 10.00 a.m., the complainant had been to meet his lawyer at Anekal in his Car bearing Registration No.KA-59-N-0026 and when he was near Anekal Civil Court, at about 11.30 a.m., after meeting his lawyer, a Scorpio Car came and parked behind his car. Two persons from the said car, dragged him inside the car, tied a cloth around his eyes, abused and assaulted him and abducted him to a layout wherein, they removed the cloth. Out of the four persons present in the car, one of them pointed a gun at him and forcibly took him to the office of Sub-Registrar, Sarjapur, stating that Padmanabha (accused No.1) has given them supari and he should come to the Registrar’s office and also threatened him saying if he did not accompany them, they will cut his limbs and also administered 5-6 tablets. Thereafter, they took him - 4 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 to the office of the Sub-Registrar, Sarjapur, wherein, his relatives Padmanabha Rao, Ramprasad, Suguna, Lata and Suma (accused Nos.1 to 5) were present. The said accused abused him and forced him to sign the papers, but he escaped and called the police. By the time the police came to the spot, the said accused fled away. 4. It is contended by the learned Senior counsel that the entire allegations are false and the petitioners are innocent of the offence alleged against them. He contended that petitioners-1 and 2 and the informant are closely related to each other. A civil suit in O.S.No.170/2007 was filed for declaration and injunction in respect of various properties including the properties situated in Sy.Nos.22/3, 54, 62 of Vabasandra village. The said suit came to be decreed on 1.1.2019. Petitioner No.1 filed an appeal in R.A.No.5002/2019 and the matter was compromised, wherein schedule ‘B’ properties were allotted to petitioner No.1. He, further contended that during the process of registration, the informant on the - 5 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 pretext of getting the sale deed executed, fraudulently executed a gift deed in respect Sy.Nos.22/3, 54 and 62. In that regard, petitioner No.1 lodged a complaint with the police against the informant and a case was registered in Cr.No.204/2028 for the offence punishable under Section 326, 504, 323, 506 and 109 of IPC. Further it is submitted that the petitioners have filed a suit in O.S.No.721/2025 for declaring the gift deed dated 19.4.2025 as null and void and an order of status-quo has been passed in the said suit. He contended that to overcome all this, first informant has got registered a false case against the entire family members of accused No.1. 5. Learned Senior counsel further contended that even accepting the averments in the complaint, the ingredients of the offence alleged are not made out. He contended, the alleged incident has taken place in a broad day light and if there was any threat posed to the informant, then he would have raised an alarm as the incident allegedly took place in the office of the Sub- - 6 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 Registrar. He contended that accused Nos.3 to 7 have been granted anticipatory bail, petitioners are arrested and interrogated, the offence alleged are not punishable with death or imprisonment for life and therefore, by imposing any conditions, petitioners may be enlarged on bail. 6. Per contra, the learned High Court Government Pleader appearing for the State contended the investigation is under progress and considering the nature of allegations, petitioners are not entitled for the relief sought in the petition and if they are released, there are chances of tampering the prosecution witnesses and destroying the evidence. 7. Learned counsel appearing for the de-facto complainant has filed statement of objections. He contended that the petitioners having failed in their attempt to get a favourable order in the suit seeking declaration of the gift deed as null and void, have engaged - 7 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 persons by paying them supari to kidnap the complainant, who forcibly took him to Sub-Registrar office, Sarjapur, wherein all the accused were present, who not only abused the complainant, but forced him to sign the paper. He contended, if the petitioners are granted bail, they will pose threat to the complainant and tamper with the evidence. He, therefore, sought to dismiss the petition. 8. A reading of the complaint goes to show that on 4.7.2025 at about 11.30 a.m. the first informant went to the Civil Court, Anekal, to meet his lawyer and at about 1.15 pm, when he was near his car, two persons, who came in a Scorpio car opened the door and dragged him inside the car and tied a cloth around his eyes, abused and assaulted him and took him to a secluded place. One of the accused pointing a gun at him, administered 5-6 tablets and from there took him to Sub-Registrar office, Sarjapur. According to first informant, the persons in the car told him that they were sent by accused No.1 and threatened him with dire consequences etc. It is further - 8 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 alleged that the complainant was then taken to the Sub-Registrar’s office wherein, the petitioners and other accused were present and they abused him and forced him to sign the papers. 9. The allegation of abducting the first informant is not against the petitioners. It is alleged that one of the accused who abducted him told that he was engaged by accused No.1 by giving supari. The specific allegation against the petitioners are that they abused the complainant in filthy language and forced him to sign the papers. As on today, no statements of independent witnesses are recorded though the incident allegedly took place in the office of Sub-Registrar. According to the learned Senior counsel, a false case is registered on account of a civil dispute between the parties. As rightly contended by the learned Senior counsel, the first informant could have raised an alarm when he was abducted and brought to the office of Sub-Registrar. - 9 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 10. The petitioners were arrested on 5.7.2025. They are already interrogated. Accused Nos.3 to 7, against whom similar allegations are made have been released on anticipatory bail by the Sessions Court. Hence, by imposing conditions, the relief sought can be granted. Accordingly, the following: ORDER I. Petition is allowed. II. Petitioners/accused Nos.1 and 2 in Crime No.196/2025 of Anekal Police Station, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish their residential address/contact number and shall inform the Investigating Officer in case - 10 - HC-KAR NC: 2025:KHC:33199 CRL.P No. 11480 of 2025 of change in the address/contact number. 3. They shall co-operate with the investigation of the case. 4. They shall not directly or indirectly tamper with the prosecution witnesses. 5. They shall not indulge themselves in committing any offence. 6. They shall appear before the trial Court regularly on all effective dates of hearing. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/TL List No.: 1 Sl No.: 40