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2025 DAILYLAW 50947 (KAR)

SRI. MAHESH @ SATISH KUMAR v. STATE OF KARNATAKA

CRL.P/14990/2025 · 2025-12-02

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50137 CRL.P No. 14990 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14990 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: SRI. MAHESH @ SATISH KUMAR S/O SRINIVASA, AGED ABOUT 28 YEARS, NO.6706, VEDAVATHI NANDHI ENCLAVE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. &PETITIONER (BY SRI. ARUN KUMAR Y.H., ADVOCATE) AND: STATE OF KARNATAKA THROUGH DODDABALLAPUR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. &RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.225/2023 AT DODDABALLAPURA TOWN POLICE STATION, HAS BEEN REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50137 CRL.P No. 14990 of 2025 IPC, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND J.M.F.C COURT, DODDABALLAPURA RURAL DISTRICT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the accused No.1 under Section 482 of Bharathiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.225/2023 of Doddaballapura Town Police Station registered for the offences punishable under Sections 406, 420 of IPC. 2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that, there is an allegation against the petitioner of creating a gift deed in the name of the complainant, and the petitioner has been shown as a beneficiary in the said - 3 - HC-KAR NC: 2025:KHC:50137 CRL.P No. 14990 of 2025 gift deed. The complainant has filed a suit, which is pending. The petitioner is ready to cooperate with the Investigating Officer in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, the complainant has been impersonated by some other person, and got executed the gift deed in favour of this petitioner in respect of the property of the complainant. In the gift deed, the petitioner is stated to be the son of complainant's daughter, Shantha. The complainant has no daughter by name Shantha. The petitioner is the beneficiary under the gift deed. The matter is under investigation, and the petitioner is required for interrogation. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:50137 CRL.P No. 14990 of 2025 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. As per the averment of complaint, the gift deed dated 10.11.2023 is stated to have been executed by the complainant in favour of the petitioner/accused No.1 in respect of properties of the complainant. In the said gift deed, the petitioner is stated to be the beneficiary, and he is the son of complainant's daughter, Smt.Shanta. The complainant has stated that, the complainant is not having any daughter by name Shanta, and he is having two daughters by name Madhu and Maya, and they are not married. The complainant has been impersonated by some other person. 7. The FIR is registered on 04.12.2023, and in spite of two years, charge sheet is not yet filed. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is - 5 - HC-KAR NC: 2025:KHC:50137 CRL.P No. 14990 of 2025 ready to cooperate with the police in the investigation, and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No. No.225/2023 of Doddaballapura Town Police Station registered for the offences punishable under Sections 406, 420 of IPC subject to following conditions. a) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day, and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like - 6 - HC-KAR NC: 2025:KHC:50137 CRL.P No. 14990 of 2025 sum to the satisfaction of the Investigating Officer. b) The petitioner shall cooperate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for. c) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with evidence. d) The petitioner shall appear before the Investigating Officer on second and fourth Sunday of each month for a period of three months or till filing of the final report whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 13