Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50188 CRL.P No. 14994 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. 14994 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1. SOMESHA S/O KRISHNEGOWDA AGED ABOUT 43 YEARS R/AT 19TH MAIN, JC NAGARA KURUBARAHALLI BANGALORE PIN CODE No.3 560 086. &PETITIONER
(BY SRI. RAJU C N, ADVOCATE)
AND:
1.
STATE BY GULPET POLICE KOLAR REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE PIN CODE No.- 560 001. &RESPONDENT
(BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.25/2025 OF GULPET POLICE KOLAR, ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE AND J.M.F.C AT KOLAR FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 419, 420, 465, 471, 415, 416, 463, 464 OF IPC.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50188 CRL.P No. 14994 of 2025
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 petitioner/accused No.2 under Section 482 of BNSS praying to grant anticipatory bail in Cr.No.25/2025 of Gulpet Police Station, Kolar, registered for offences punishable under Sections 419, 420, 465, 471, 415, 416, 463 and 464 of IPC. 2. Heard learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that the name of the petitioner has not been shown as accused in the FIR/complaint. The name of the petitioner has been disclosed by accused No.1 in his voluntary statement. Therefore, petitioner apprehends his arrest. The petitioner has no role in commission of the alleged offences. The petitioner is a practicing Advocate. The petitioner is ready to co-operate with the police in investigation and abide by
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HC-KAR NC: 2025:KHC:50188 CRL.P No. 14994 of 2025
any conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that accused No.1 in his voluntary statement specifically stated the name of this petitioner and his acts in creating documents and falsely impersonating the owner of the property while furnishing sureties to the Court. The investigation is in progress. The petitioner is required for interrogation. With this she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per surety affidavit of one H.Harinatha Reddy dated 19.04.2017 furnished in Cr.No.199/2016 of Kolar Town Police Station and Cr.No.17/2017 of Kolar Town Police Station, the said Harinath Reddy has been stated to have been impersonated by accused No.1 by creating a fake Voter ID card. The petitioner has not identified the
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HC-KAR NC: 2025:KHC:50188 CRL.P No. 14994 of 2025
said person who has sworn to the said affidavit. One Nagesh V.M., Advocate bearing enrolment No.KAR 1412/2013 has identified the deponent. The property mentioned in the said affidavit is Survey No.30/3 measuring 33 guntas situated at Majarareddy village, Kalasamballi Hobli, Bangarpet Taluk. The said property is stated to be belonging to the complainant. The said affidavits are filed in the name of complainant. The photo affixed to the said affidavits are stated to be of accused No.1. Except the voluntary statement of accused No.1 what is the exact role of the petitioner is not forthcoming.
The petitioner is stated to be practicing Advocate. The offences alleged against him are not punishable either with death or imprisonment or life. There are no criminal antecedents of the petitioner. The petitioner has undertaken to co-operate with the IO in the investigation and abide by the terms and conditions to be imposed by this Court. - 5 -
HC-KAR NC: 2025:KHC:50188 CRL.P No. 14994 of 2025
7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following:
ORDER
The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime No.25/2025 of Gulpet Police Station, Kolar, subject to following conditions: (i) The petitioner shall voluntarily appear before the IO within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the IO (ii) The petitioner shall co-operate with the IO and appear before the IO whenever called for. (iii) 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
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HC-KAR NC: 2025:KHC:50188 CRL.P No. 14994 of 2025
to the court or to any police officer or tamper with the evidence. (iv) The petitioner shall appear before the IO on second and fourth Sunday of every month for a period of 2 months or till filing of the final report, whichever is earlier.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 14 Ct.sm