- 1 - HC-KAR NC: 2025:KHC:28560 CRL.P No. 9030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9030 OF 2025 BETWEEN: 1. NAGARAJU K P S/O PUTTANARASAIAH, AGED ABOUT 40 YEARS, R/AT 5TH WARD, KOTE BEEDHI, KORATAGERE TOWN, KORATAGERE TALUK - 572129 …PETITIONER (BY SRI. RAVIKUMARA B R.,ADVOCATE) AND: 1. STATE BY KORATAGERE POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING - 560001 …RESPONDENT (BY SRI.RANGASWAMY.R., HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THIS PETITIONERS IN CR.NO.108/2025 FOR THE ALLEGED OFFENCE P/US/ 318(4), 336(2), 336(3), 340(2), 351(2), 352 R/W SEC.3(5) OF BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28560 CRL.P No. 9030 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.108/2025 registered by Koratagere Police Station, Tumkur for the offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 351(2), 352 R/W 3(5) of BNS, 2023 is before this Court under 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that petitioner is the absolute owner of the property bearing Sy.No.148/3 measuring 30 guntas and sites were formed in the said property and sold to various persons. First informant is one such purchaser of site from the petitioner. The dispute between the parties is civil in nature. Accused Nos.2 and 3 have been granted anticipatory bail by the jurisdictional Sessions Court. Petitioner has no other criminal antecedents. He is ready to co-operate with the police for the purpose of investigation. 4. Per contra, learned HCGP has opposed the petition. He submits that investigation of the case is under progress. - 3 - HC-KAR NC: 2025:KHC:28560 CRL.P No. 9030 of 2025 Petitioner allegedly has encroached the Government property and sold the same to various persons. 5. Perusal of the averments found in the first information would reveal that first informant had purchased the site measuring 30x40 feet from the petitioner for a sale consideration of Rs.11,15,000/- and the sale deed was executed in his favour before the jurisdictional Sub-Registrar on 03.10.2024. Allegation in the first information is that the alleged site which was subject matter of the sale deed dated 03.10.2024 comes within the property belonging to the Koratagere Court and petitioner, who had no right and title over the said property, had sold the same to the first informant. According to the petitioner, he is the owner of the property bearing Sy.No.148/3 measuring 30 guntas and the site in question is formed in the said property and was sold to the first informant. Dispute between the parties appears to be civil in nature. Petitioner, undisputedly, has no criminal antecedents. Accused Nos.2 and 3 have been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.Nos.5133/2025 and 5134/2025 disposed of on - 4 - HC-KAR NC: 2025:KHC:28560 CRL.P No. 9030 of 2025 05.06.2025. Maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has undertaken to co-operate with the police for the purpose of investigation. Therefore, I am of the opinion that prayer made by the petitioner for grant of anticipatory bail is required to be answered in the affirmative. Accordingly, the following: ORDER 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.108/2025 registered by Koratagere police station for the offences punishable under Sections 318(4), 336(2), 336(3), 340(2), 351(2), 352 R/W 3(5) of BNS, 2023, 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. - 5 - HC-KAR NC: 2025:KHC:28560 CRL.P No. 9030 of 2025 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. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE VM List No.: 1 Sl No.: 45