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High Court of Karnataka · body

2025 DAILYLAW 45498 (KAR)

MUNIRAJU A v. STATE BY

CRL.P/1217/2025 · 2025-02-25

Mohammad Nawaz

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8458 CRL.P No. 1217 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1217 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MUNIRAJU A S/O. LATE. VENKATESHAPPA AGED ABOUT 41 YEARS R/AT. ARIHALLI VILLAGE ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 560 087 2. MANJUNATH G S/O. G. GURAPPA AGED ABOUT 35 YEARS R/AT. ARIHALLI VILLAGE ANUGONDANAHALLI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - 560 087. 3. HARISH S/O. RAJANNA AGED ABOUT 41 YEARS R/AT NO.137, 4TH CROSS, ITPL ROAD, KUDALAHALLI COLONY OPP: HAL, BENGALURU - 560 037. 4. MANJUNATH V S/O. VENKATARAMANAPPA AGED ABOUT 39 YEARS R/AT JADIGENAHALLI HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT - /562 114 5. AMARESHAN ERAPPA S/O. ERAPPA AGED ABOUT 34 YEARS R/AT NO.12, FLAT NO. 105, 3RD MAIN ROAD, BTR GARDEN LAYOUT, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:8458 CRL.P No. 1217 of 2025 BOMMANAHALLI, BENGALURU - 560 068 6. ALTAB ALAM SHEIK S/O. SHIK HYDER AGED ABOUT 36 YEARS R/AT NO.154, AFTAB MANJIL, MAVALLLI, BANTWAL TALUK, UTTARA KANNADA DISTRICT - 561 350. 7. MURALI R S/O. LATE. RAJANNA AGED ABOUT 30 YEARS R/AT ARIHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT - 560 087. 8. KANTETTI MURALI KRISHNA S/O. KANTETTI VENKATESHWARA RAO AGED ABOUT 56 YEARS R/AT FLAT NO.201, 2ND FLOOR SANJAY NAGAR, ERRAGADDA, BALANGARA, K.V. RANGAREDDY DISTRICT TELANGANA STATE - 500 018 …PETITIONERS (BY SRI. S KALYAN BASAVARAJ, ADVOCATE) AND: STATE BY ANUGONDANAHALLI POLICE STATION, ASHOK NAGAR, BENGALURU - 560 025. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.0001/2025 FOR THE OFFENCE P/U/S 316(2), 318(2), 318(4), 351(3), 61(1) AND 190 OF BNS, HOSKOTE, BENGALURU RURAL DISTRICT, PURSUANT TO THE - 3 - NC: 2025:KHC:8458 CRL.P No. 1217 of 2025 ORDER DATED 23.01.2025 PASSED BY THE COURT OF I ADDL. DIST. AND SESSIONS JUDGE, BENGALURU IN CRL.MISC.NO.52/2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioners / accused Nos.1 to 8 have preferred this petition under Section 482 of the BNSS, 2023 seeking anticipatory bail in Crime No.1/2025 of Anugondanahalli Police Station, Bengaluru District, registered for offences punishable under Section 316(2), 318(2), 318(3), 318(4), 351(3), 61(1) and 190 of BNS, 2023. 3. In the complaint lodged by one Channappa S/o. late Marappa, it is alleged that, the accused have fraudulently executed the sale deed in respect of land measuring 1 acre in survey No.30/5 situated at Aerhalli village, anugondanahalli Hobli, Hosakote taluq, belonging to the complainant. 4. It is alleged that the complainant's land is worth Rs. 4 Crores, but the accused have created documents as if the - 4 - NC: 2025:KHC:8458 CRL.P No. 1217 of 2025 land was sold by him for a sum of Rs.70,00,000/- and thereby cheated him. 5. Petitioners are relying on the registered sale deed dated 20.11.2024 registered as document-HSK-1-14105-2024- 25, Book-I, in the office of the Sub-Registrar, Hosakote, in their favour with respect to the above mentioned land situated at Aerhalli village, anugondanahalli Hobli, Hosakote taluq. It is contended by the learned counsel for petitioners that the sale deed was executed for a valuable consideration of Rs.70,00,000/- and all the transactions have been made through cheques and RTGS. 6. Learned High Court Government Pleader has contended that accused No.1 by name Muniraju.R. has made himself as nominee to the account of the complainant and the complainant was induced by the accused and by force, threat and by fraudulent means registered the sale deed. 7. Learned counsel for petitioners has contended that the petitioners have filed a suit for permanent injunction against the complainant in O.S.No.23/2025 on the file of the Civil Judge and JMFC, Hosakote and the learned Judge has - 5 - NC: 2025:KHC:8458 CRL.P No. 1217 of 2025 granted ad-interim injunction in favour of the petitioner. He contended that civil dispute has been given a colour of criminal offence and petitioners are ready and willing to abide by any conditions. 8. According to petitioners, all the transactions have been done through cheques and RTGS. Certain amount was paid by cash. Petitioners have filed a suit in respect of the very same property and there is an ad-interim injunction granted in their favour. Allegations against the petitioners have to be proved in due course. Petitioners have undertaken to cooperate with the investigation of the case. Hence, the following:- ORDER i) Petition is allowed. ii) Petitioners / accused Nos.1 to 8 in Crime No.1/2025 of Anugondanahalli Police Station, shall be released in the event of their arrest subject to following conditions. a) They shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of - 6 - NC: 2025:KHC:8458 CRL.P No. 1217 of 2025 the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each, with two sureties for the likesum. b) They shall furnish proof of their residential address and shall inform the Investigating Officer/Court, if there is change in the address. c) They shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) They shall not leave the jurisdiction of the trial Court without prior permission till completion of the investigation of the case. e) They shall not tamper with the prosecution witnesses either directly or indirectly. f) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC