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High Court of Karnataka · body

2025 DAILYLAW 48933 (KAR)

PRADEEP R v. STATE BY STATION HOUSE OFFICER

CRL.P/12405/2025 · 2025-09-22

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12405 OF 2025 BETWEEN: 1. PRADEEP R S/O LATE RAMESH. V. T, AGED ABOUT 33 YEARS, 2. SRI. DILEEP. R S/O LATE RAMESH. V. T, AGED ABOUT 35 YEARS, 3. SMT. YASHODA. R W/O LATE RAMESH. V. T, AGED ABOUT 50 YEARS ALL THE PETITIONERS ARE R/AT NO. 73, ARAKERE ROAD, NEAR ASHWATH KATTE, ADDE VISHWANATHAPURA, HESARAGHATTA HOBLI, BENGALURU NORTH-561 203 …PETITIONERS (BY SRI. H A MANJUNATHA, ADVOCATE) AND: STATE BY STATION HOUSE OFFICER HEBBAL POLICE STATION, J.C.NAGAR SUB-DIVISION, BENGALURU-560 032 REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 HIGH COURT OF KARNATAKA, BENGALURU- 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 ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEY BEING ARRESTED IN CR.NO.66/2025 FOR THE ALLEGED O/P/U/S 409,420,464,465,467,471,506 R/W 34 OF IPC REGISTERED BY THE STATION HOUSE OFFICER HEBBAL P.S, THE RESPONDENT POLICE, AS THE PETITION FILED BEFORE THE HONBLE LXII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-63), BENGALURU IN CRL. MISC.NO.5757/2025 AND THE SAME WAS DISMISSED ON 21.07.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners herein are arraigned as Accused Nos. 1 to 3 in Crime No.66/2025 of Hebbal Police Station, Bengaluru city registered for the offences punishable under Sections 409, 420, 464, 465, 467, 471, 506 r/w. Sec.34 of IPC. 2. This petition is preferred u/s.482 of BNSS, 2023 to enlarge the petitioners on anticipatory bail. 3. Heard the learned counsel for petitioners, learned HCGP for the State and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 4. In the complaint lodged with the police by one Bandaru Venkat Prasanna Kumar, it is averred that while searching for sites around Yelahanka in the year 2018, he came in contact with one Rajesh, a real estate broker, through whom he was introduced to Accused Nos.1 & 2 and their mother Accused No.3. It is alleged that Accused Nos.1 to 3 induced the complainant to purchase certain immovable properties stating that they would register sites bearing Nos.2, 3, 18, 22 and 23 in Survey No.107 of Gantiganahalli village for a consideration of Rs.49,00,000/-. Out of the said amount, the complainant paid a sum of Rs.30,00,000/-. On 05.02.2021, a registered sale agreement was executed through accused No.3 at the office of the Sub-Registrar, Byatarayanapura. Subsequently, on 18.08.2021, two sites viz., Nos.18 and 23 were registered in favour of the complainant, and towards the balance amount of Rs.10,00,000/- relatable to the other three sites, the accused cancelled the agreement on 25.10.2021 and issued two cheques along with an affidavit assuring refund. However, the said amount was never repaid. It is further alleged that accused nos.1 to 3 executed the sale agreements in favour of the complainant in respect of 38 guntas of land in Survey - 4 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 No.57/1A of Seetakepanahalli, Rajanukunte, Bangalore North Taluk on 09.04.2021 and 22.04.2021, and thereafter, having received the entire consideration, executed a registered GPA on 16.09.2021 at Hebbal Sub-Registrar's office. On the strength of the GPA, the complainant got a registered sale deed in his favour on 30.05.2022 and mutation and pahani entries were made in his name. However, subsequently third parties attempted to fence the property, creating suspicion of bogus transactions. 5. Likewise, in respect of one acre in Survey No.57/7 of the same village, accused nos.1 and 2 executed a registered sale agreement dated 16.09.2021 and a registred GPA dated 20.09.2021 in favour of the complainant after receipt of consideration. Later, on 30.05.2022, a sale deed was executed in the name of the complainant's friend, Jyole Palan Bhavani Prasad, who had financed the transaction. Even in this case, third parties attempted to interfere with the land, giving rise to suspicion of fraudulent registration. It is further case of prosecution that accused Nos.1 to 3, after receiving Rs.75,00,000/- from the complainant and his friends on 07.07.2021 in respect of 10 sites carved out of Survey - 5 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 No.397/1A of Honnahalli village, Tiptur taluk, instead of executing the sale agreement in the complainant's name, executed it in the name of one Rajesh and subsequently without notice to the complainant, sold the property to third parties during 2022-2023, without refunding the money. 6. Further, in respect of 19 guntas of land in Survey No.56/7 of Seetakepanahalli village, the complainant paid Rs.75,00,000/- in cash, pursuant to which a registered sale agreement was executed on 03.04.2021. 7. Thereafter, for development of 2 acres 19 guntas, accused no.1 collected an additional Rs.70,00,000/- under an MOU. It is further alleged that accused nos.1 and 2 induced the complainant to part with another sum of Rs.95,00,000/- on the pretext of a layout project in Tumkur, for which only a loan agreement dated 09.07.2021 was executed, but no property was ever conveyed nor was the money returned. 8. It is alleged that accused nos.1 and 2 promised to compensate the complainant with alternative land in Survey Nos.192 of Vaddarahalli village, Doddaballapur and showed records to that effect. On 22.05.2023, they executed an - 6 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 unregistered sale agreement, but subsequently accused no.1 cancalled the GPA and misappropriated the property, again without refunding the complainant. Thus, accused nos.1 to 3, by misrepresentation and deceit, induced the complainant to part with huge amounts of money, executed sale agreements, GPAs and affidavits, but thereafter created false documents, alienated the properties to third parties, misappropriated the complainant's funds. 9. It is contended by the learned counsel for the petitioners that the entire allegations against the petitioners that they have cheated the complainant, created false documents, misappropriated funds, etc, are false. The allegations are purely civil in nature which has been given a criminal texture. There is huge delay of more than two years in lodging the complaint, which clearly shows that out of grudge against the petitioners, the complainant has come up with a false complaint, without assigning any valid reasons for filing the complaint belatedly. 10. Learned counsel for the petitioners further contended that the offence alleged are not punishable with death or - 7 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 imprisonment for life. There are no documents of prima facie evidence against them to believe that they have committed the alleged offence. He submitted that the Petitioner Nos.1 & 2 are the sons of Petitioner No.3. They have school going children and if they are arrested and sent to prison, they will be put to untold hardship. It is submitted that petitioners are ready and willing to support investigation of the case and they will furnish adequate surety to ensure their regular presence before the Investigating Officer as well as before the jurisdictional police and therefore prays for allowing the petition, enlarging the petitioners on anticipatory bail. 11. Per contra, learned HCGP contended that there are prima facie allegations made in the complaint that petitioners have cheated the complainant to the tune of lakhs of rupees by promising him to give sites, etc. He contended that if the petitioners are granted the relief sought in the petition, they may not co-operate with the investigation of the case. He has therefore, sought to dismiss the petition. 12. It is alleged in the complaint that while searching for sites, the complainant came in contact with Rajesh, a real - 8 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 estate broker, through whom he was introduced to Accused Nos. 1 and 2 and their mother Accused No.3, who is stated to be engaged in real estate business. The allegations are that during 2020-21, the accused induced the complainant to purchase several properties situated in Yelahanka Hobli, Rajanukunte, Seetakepanahalli and other villagers of Bengaluru North Taluk as well as Tiptur taluk by assuring registration of sites and agricultural lands. On such representations, the complainant allegedly paid substantial amounts. It is alleged that accused have executed various registered sale agreements, GPAs and affidavits and in some instances partial registrations were executed in favour of the complainant, however, they failed to convey the properties in entirety. Further, in certain cases after receipt of consideration the accused have allegedly cancelled the agreements, issued cheques which were not honoured and the very properties were allegedly sold to third parties. It is further alleged that during 2020-2023 the accused received several payments from the complainant and his associates under the guise of sale agreements, GPAs and MOUs relating to various lands and despite execution of certain documents and assurances of - 9 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 compensation, the accused failed to convey the promised lands and cheated him. 13. It appears that there are various transactions entered into between the complainant and the petitioners. It is the contention of learned counsel that the dispute is purely civil in nature which has been given a colour of criminal offence. The transaction between the parties are right from the year 2018 to 2023. The complaint is lodged on 24.04.2025. There are two suits stated to be pending before the Civil Court in Bengaluru between the parties in O.S.No.925/2024 and O.S.No.922/2025. 14. In the above facts and circumstances of the case, the relief sought in the petition can be granted by imposing appropriate conditions. Accordingly I pass the following: O R D E R Petition is allowed. Petitioners/Accused Nos.1 to 3 shall be released in the event of their arrest in Crime No.66/2025 of Hebbal Police Station, Bengaluru city, subject to the following conditions: 1. Petitioners-accused Nos. 1 to 3 shall appear before the Investigating Officer within a period - 10 - HC-KAR NC: 2025:KHC:37975 CRL.P No. 12405 of 2025 of one week from the date of receipt of copy of the order; 2. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 3. They shall co-operate with the investigation of the case. 4. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 5. They shall not directly or indirectly tamper with the prosecution witnesses. 6. They shall not indulge themselves in committing any offence. 7. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SNB List No.: 1 Sl No.: 40