- 1 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12593 OF 2025 BETWEEN: MAQBAL AHAMAD @ MAQBAL @ MAKBUL, S/O LATE AHMMED JAN, AGED ABOUT 51 YEARS, R/AT DOOR NO.23, 4TH STAGE, 2ND PHASE, 2ND CROSS, GAYATHRIPURAM, MYSURU DISTRICT-571 442. …PETITIONER (BY SRI. VEERABHADRA SWAMY H.P., ADVOCATE) AND: THE STATE OF KARNATAKA BY VIJAYANAGARA POLICE STATION, NARASIMHARAJA SUB-DIVISION, MYSURU CITY, MYSURU DISTRICT, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN C.C.NO.1380/2025 (CR.NO.40/2021) FOR THE OFFENCE U/S. 120(B), 419, 420, 465, 468, 471 R/W Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 SEC.34 OF IPC. THE COMPLAINT FILED BY THE RESPONDENT VIJAYANAGARA POLICE, MYSURU, PENDING BEFORE THE V JMFC COURT AT MYSURU (MALALAVADI MYSURU CITY). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on anticipatory bail in Crime No.40/2021 of Vijayanagar Police Station, Mysuru City, registered for the offence punishable under Section 419, 420 r/w 34 of IPC. 2. The aforementioned crime is registered on the basis of a private complaint filed by one Ramesh Babu against accused Nos.1 to 3, before the learned JMFC, Mysuru in PCR No.17/2021, which was referred to Police for investigation. 3. The gist of the complaint averments are that the complainant was interested to buy a plot in Mysuru and the accused by name T.Uday Kumar and Makbal Ahmed acting as brokers, sold plot No.247, MIG, E-Block, - 3 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 3rd Stage, Vijayanagara, Devaraja Mohalla, Mysuru City, for a sale consideration of Rs.29,00,000/-. The complainant paid Rs.25,00,000/- and got registered the sale agreement on 13.12.2017 with a condition that another sum of Rs.4,00,000/- shall be paid by him on production of title deed by the owner. Even after two years, the accused did not produce the title deed, inspite of many reminders and when the complainant verified with MUDA authorities, he found that all the documents produced are fake and prepared illegally. 4. It is further alleged that the complainant approached the registration Department and collected the copy of Aadhar card and found that it is also fake and accused No.1 by name Dharaneshwara, i.e., the petitioner had withdrawn the HDFC Bank Cheque amounting to Rs.5,00,000/- through Mysuru Merchants Co-operative Bank. 5. It is also alleged that accused No.2 by name Uday Kumar has taken two cheques namely Cheque - 4 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 No.777021 for Rs.5,00,000/- and Cheque No.77702 for Rs.8,00,000/- and accused No.3 by name Makbal Ahmed, a cheque No.777023 for Rs.8,00,000/-. 6. It is further alleged, petitioner arraigned as accused No.1 by impersonating himself as the owner of the plot in question, created forged Aadhar card and other documents and got registered a sale agreement in favour of the complainant and all the accused colluding with each other, received a total sum of Rs.21,00,000/- and cheated the complainant. 7. Chargesheet is filed against accused Nos.1 and 2 for the offence punishable under Section 120B, 419, 420, 465, 468, 471 r/w 34 of IPC. 8. The learned counsel for petitioner has contended that the allegations are purely civil in nature. Learned High Court Government Pleader contended that petitioner is absconding from the date of registration of the case and the charge sheet is filed showing him as - 5 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 absconding and therefore, he is not entitled for the relief of anticipatory bail. 9. FIR is registered against accused Nos.1 to 3, wherein petitioner is shown as accused No.3. Accused No.2 named in the FIR has been dropped from the chargesheet. In the chargesheet, petitioner is arraigned as accused No.2. The transaction, as per FIR is between 13.12.2017 and 18.12.2020. Crime is registered on 01.03.2021. In the chargesheet it is alleged that the petitioner has received a cheque for Rs.8,00,000/- and all the accused have cheated the complainant to the tune of Rs.13,00,000/-. 10. Accused No.1 has been granted bail by this Court in Crl.P No.10190/2025 vide order dated 13.08.2025. The allegations against the petitioner has to be established during trial. The offences alleged are not punishable with death or imprisonment for life. In the facts and circumstances, relief sought in the petition can - 6 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 be granted by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.2 (as per chargesheet) arising out of Crime No.40/2021 of Vijayanagar Police Station, Mysuru City pending in C.C.No.1380/2025 before the learned V JMFC Court at Mysuru, shall be released, in the event of his arrest, subject to following conditions: a) He shall appear before the jurisdictional Court within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. b) He shall appear before the Investigation Officer, within one week thereafter, and shall cooperate with the further investigation of the case, if any. - 7 - HC-KAR NC: 2025:KHC:36942 CRL.P No. 12593 of 2025 c) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. 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 HB List No.: 1 Sl No.: 57