- 1 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 105051 OF 2025 (438(Cr.PC)/482(BNSS)-) BETWEEN: SRI SHRISHAIL S/O. DUNDAPPA PASHCHAPUR, AGE. 36 YEARS, OCC. AGRICULURE, R/O. MUGALKHOD, TQ. MUDHOL, DIST. BAGALKOT 587313. &PETITIONER (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH MUDHOL POLICE STATION R/BY ITS STATE PUBLIC PROSECUTOR Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 HIGH COURT OF KARNATAKA DHARWAD BENCH, AT DHARWAD-580011. &RESPONDENT (BY SRI. PRAVEEN Y. DEVAREDDIYAVAR, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON IN CONNECTION WITH CRIME NO.280/2025 OF MUDHOL P.S. FOR THE OFFENCES P/U/SEC. 318(4), 336(2), 336(3), 3(5) OF BNS 2023 AND SEC. 192(A)(3) OF KARNATAK LAND REVENUE ACT 1964, PENDING ON THE FILE OF SR.CIVIL JUDGE AND JMFC COURT AT MUDHOL VIDE ANNEXURE-A, BY ALLOWING THIS PETITION. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.280/2025 of respondent-police for the offence under Sections 318(4), 336(2), 336(3), 3(5) of BNS 2023 and Sec. 192(A)(3) of Karnataka Land Revenue Act, 1964. Brief facts of the case: 2. The case of the prosecution is that the complainant is stating that the Survey No. 59/1 measuring 19 acres 23 guntas is a Government land. However, the petitioner and others in order to knock off the property, created and fabricated the documents in respect of said property and stated to have sold the property in the name of petitioner-Shrishail, in order to cheat the Government. As such, they have committed offences as stated supra. Hence, this complaint. 3. Based on the complaint, the respondent police have registered a case in Crime No. 280/2025 for the offences stated supra. The investigation is under progress. - 4 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 4. Heard Sri. Shivanand Malashetti, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent -State. 5. The submission of learned counsel for the petitioner is that the petitioner is a bonafide purchaser. Column No.9 of the RTC discloses the name of the petitioner. Based on the said documents, the petitioner had purchased the property from the vendor. However, he had no intention to defraud the Government and other agencies. The petitioner is a permanent resident of Mugalkhod, Mudhol Taluk. He is aged about 36 years and he is working as an agriculturist. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent No.1-State vehemently submitted that, the vendor and the present petitioner, in furtherance of their common intention to commit fraud against the Government, created and fabricated the documents in respect of the Government's property. The petitioner is stated to have purchased the said property. However, the said transaction itself is considered as - 5 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 illegal. Therefore, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard learned counsels for the respective parties and on perusal of the averments of the complaint, prima-facie, it appears that the petitioner is stated to be the purchaser of the property of which accused No. 2 has sold the property to the present petitioner. 8. Be that as it may, on perusal of the provisions mentioned in the complaint against the petitioner and also the punishment prescribed for the offences, it is appropriate to grant him bail as prayed for, in the event of his arrest. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.280/2025 of respondent-police for the aforesaid offences on executing personal bond in - 6 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) 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 commit any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:18683 CRL.P No. 105051 of 2025 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 JS/RH List No.: 1 Sl No.: 48