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2025 DAILYLAW 42620 (KAR)

SATHYA KUMAR P @ SARVANAN v. STATE BY

CRL.P/11273/2025 · 2025-09-23

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38236 CRL.P No. 11273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11273 OF 2025 BETWEEN: SATHYA KUMAR P @ SARVANAN S/O LATE POOSWAMY, AGED ABOUT 52 YEARS, R/AT NO.15, A STREET JAYARAJ NAGAR, HALASURU, BENGALURU-560008. …PETITIONER (BY SRI. JOHNSON J., ADVOCATE) AND: STATE BY STATION HOUSE OFFICER, BYAPPANAHALLI POLICE STATION, BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ORDER THE PETITIONER TO BE ENLARGED, ON ANTICIPATORY BAIL IN CRIME NO.308/2024 OF BYAPPANAHALLI POLICE STATION, PENDING ON THE FILE OF THE LEARNED Xth ACJM, BENGALURU FOR OFFENCES PUNISHABLE UNDER SECTIONS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38236 CRL.P No. 11273 of 2025 120B, 420, 468, 506 R/W SECTION 34 OF THE INDIAN PENAL CODE. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as Accused No.1 in Crime No.308/2024 of Byappanahalli Police Station, Bengaluru City, registered for the offence punishable under Section 506, 120B, 420, 468 read with 34 of IPC has preferred this petition seeking anticipatory bail. 2. FIR is registered against seven accused on a complaint lodged by one Suresh.G.U., S/o G.M.Uttayya. It is alleged that all the accused have colluded with each other and fabricated the General Power of Attorney on the basis of which, they executed a sale deed in respect of a house property belonging to one Sri Kalyana Sundaram and Smt.Bhavya B.V. and cheated the complainant to the tune of Rs.91 lakhs. - 3 - HC-KAR NC: 2025:KHC:38236 CRL.P No. 11273 of 2025 3. Even according to the complainant the sale deed was registered in the Office of Sub-Registrar, Ulsoor on 20.10.2023 and a sum of Rs.38,66,000/- was sent to the owners of the property. The allegations that General Power of Attorney was fabricated by the accused and on the basis of said GPA, sale deed was registered etc., is a matter which has to be established in due course. As per complaint averments, a sum of Rs.80,00,000/- was paid at the time of executing the agreement of sale and after registration of the property a sum of Rs.38,66,000/- was paid. 4. Accused No.5 has been enlarged on bail by this Court in Crl.P.No.4183/2025 vide order dated 08.04.2025 and accused Nos.2 and 4 are granted anticipatory bail in Crl.P.No.1350/2025 c/w Crl.P.No.1303/2025 vide order dated 12.02.2025. 5. Admittedly, there are civil cases pending in respect of the property, filed by the complainant as well as the owner of the property by name Kalyana Sundaram. - 4 - HC-KAR NC: 2025:KHC:38236 CRL.P No. 11273 of 2025 The offence alleged are not punishable with death or imprisonment for life. In the facts and circumstances, the following: ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.308/2024 registered by Byappanahalli Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week 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 two sureties surety for the likesum. b) He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall co-operate with the investigation of the case. - 5 - HC-KAR NC: 2025:KHC:38236 CRL.P No. 11273 of 2025 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 DKB List No.: 1 Sl No.: 21