- 1 - HC-KAR NC: 2025:KHC-D:16223 CRL.P No. 104620 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104620 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: LALIT KUMAR S/O. MOHANLAL JAIN, AGE. 47 YEARS, OCC. BUSINESSMAN, R/O. HOVINHADAGALLI, NOW AT KESHAVAPUR CIRCLE, HUBLI, DIST. DHARWAD. …PETITIONER (BY SRI. M.L. VANTI, ADVOCATE) AND: STATE OF KARNATAKA, BY PSI HADAGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.7 ON BAIL IN HADAGALI POLICE STATION CRIME NO.0092/2025 PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC, HADAGALLI, REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 419, 465, 468, 420 OF IPC, IN THE INTEREST OF JUSTICE AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16223 CRL.P No. 104620 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner/accused No.7 is before this Court seeking for grant of regular bail in Crime No.92/2025 of respondent-police for the offence under Sections 406, 419, 465, 468 and 420 of the Indian Penal Code, 1860. Brief facts of the case: 2. The case of the prosecution is that, the complainant is the Manager and GPA holder of the owner of the land. The total extent of the land is 68.17 acres. It is stated in the complaint that, the owner of the land had purchased the said property in the year 2008, the documents have been registered in the names of Thomas Vijayan and Rajan Thomas. During Covid-19 pandemic, the complainant and the owner of the said properties were not able to visit the said lands for a considerable length of time. In the meantime, the complainant has visited the property. - 3 - HC-KAR NC: 2025:KHC-D:16223 CRL.P No. 104620 of 2025 At that time, he was informed that, some unknown persons have created and forged the documents as they are the real owner of the suit schedule properties and sold the properties to different persons. It is learnt that, accused Nos.1 to 5 have fabricated and forged the name of real owner and created fabricated documents and sold the property to different persons. The present petitioner is one of the purchasers of the land in the year 2019. 3. On receiving the said information, the complainant has lodged a complaint before the respondent- police. Based on the said complaint, the respondent-police registered a case and started investigation. The investigation is under progress. 4. Heard Sri. M. L. Vanti, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences. He is the bona fide purchaser of the property. He - 4 - HC-KAR NC: 2025:KHC-D:16223 CRL.P No. 104620 of 2025 had purchased 5 acres of land on valuable consideration. Subsequently, in the year 2025 he came to know that the present case is filed against accused Nos.1 to 5. The present petitioner has been implicated on the basis of voluntary statement of accused. 6. It is further submitted that, the matter is relating to civil dispute. The petitioner has filed a suit against the persons who sold the said property to him. The matter is pending for adjudication. Therefore, he may be enlarged on bail by imposing suitable conditions by making such submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the petitioner and others in furtherance of common intention to knock off the properties of the real owner, forged and fabricated the documents relating to the immovable properties. The petitioner is stated to have purchased the property knowingly that, the vendor was not - 5 - HC-KAR NC: 2025:KHC-D:16223 CRL.P No. 104620 of 2025 the real owner of the said property. Therefore, he is not entitled for the relief as prayed for by making such submissions learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the petitioner is arrayed as accused No.7. He is stated to have purchased the property from accused No.5-Parachur Suresh for valuable consideration. 9. Having considered the said facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions. 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.92/2025 of respondent-police, on executing personal - 6 - HC-KAR NC: 2025:KHC-D:16223 CRL.P No. 104620 of 2025 bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 32