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2025 DAILYLAW 41085 (KAR)

MANOHARA G G v. STATE OF KARNATAKA

CRL.P/11298/2025 · 2025-08-22

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32954 CRL.P No. 11298 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11298 OF 2025 BETWEEN: MANOHARA G. G. AGED ABOUT 36 YEARS S/O G. K. GOPAL, RESIDING AT RANGANA PALYA, SIRA TALUK, TUMAKUR DISTRICT-572137. …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: STATE OF KARNATAKA BY SHANKARNARAYANA PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -560001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.33/2025 REGISTERED BY THE KUNDAPURA POLICE, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDAPURA, UDUPI DISTRICT, FOR THE OFFENCES P/U/S. 316(2), 318(4), 336(2), 336(3), 340(2), 3(5) OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32954 CRL.P No. 11298 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments of the learned counsel for petitioner and Learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as accused No.11 in Crime No.33/2025 of Shankaranarayana Police Station, Udupi, registered for the offence Punishable under Section 316(2), 318(4), 336(2), 336(3), 340(2) read with 3(5) of the BNS, 2023. 3. The complaint is lodged by one Sachin Aithal son of late Krishna Aithal. It is stated in the complaint that land bearing Sy.No.140/2 measuring about 3.83 acres situated near Kulunje village of Kundapura Taluq belongs to his grand father Kuppaiah Aithal. The said Kuppaiah Aithal has 10 children. It is alleged, though there was no partition in respect of the said property, accused No.1, i.e., his uncle colluding with other accused, by impersonation and forging the Aadhar card, created - 3 - HC-KAR NC: 2025:KHC:32954 CRL.P No. 11298 of 2025 partition deed dated 27.12.2021, as if 2.83 acres of the land has come to his share and sold the same to accused No.11, petitioner herein. 4. Petitioner claims to be the bonafide purchaser of the property in the year 2024 by virtue of a registered sale deed dated 30.12.2024. 5. Learned counsel submits that the said sale deed has been now cancelled at the behest of the petitioner on 15.05.2025, which is not in dispute. 6. At this stage, no intention can be attributed to the petitioner about his involvement and collusion with other accused persons. 7. In the facts and circumstances, there is no impediment to grant anticipatory bail to the petitioner. Hence, the following:- ORDER i) Petition is allowed. ii) Petitioner/accused No.11 shall be released in the event of his arrest in Crime No.33/2025 of - 4 - HC-KAR NC: 2025:KHC:32954 CRL.P No. 11298 of 2025 Shankaranarayan Police Station subject to following conditions. a) He shall appear before the Investigating Officer within 10 days from the date of receipt of a copy of this order and shall execute a personal bond for 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/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 30