- 1 - HC-KAR NC: 2025:KHC-D:10067 CRL.P No. 102884 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102884 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: HAJARATALI S/O. RAFIQUESAB KORLALLI, AGE. 27 YEARS, OCC. BUSINESS, R/O. CHANNABASAVESHWAR NAGAR, TARIHAL, TQ. HUBBALLI, DIST. DHARWAD-580 026. … PETITIONER (BY SRI. M.A. PATHAN, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH VIDYANAGAR POLICE STATION DHARWAD), R/BY H.C.G.P., HIGH COURT BUILDING, BENCH DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 (1) OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 IN VIDYANAGAR POLICE STATION CRIME NO.63/2025 DATED 06/05/2025, FOR THE ALLEGED OFFENCES PUNISHABLE U UNDER SECTIONS 318(2), 318(4), 336(2), 336(3), 340(2) R/W 3(5) OF BNS PENDING BEFORE THE 1ST ADDL. CIVIL JUDGE (JR.DN) COURT HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10067 CRL.P No. 102884 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.63/2025 registered by Vidyanagar Police Station, Hubballi Dharwad for offences punishable under Sections 318(2), 318(4), 336(2), 336(3), 340(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.63/2025 was registered by Vidyanagar Police Station, Hubballi Dharwad for the aforesaid offences against the petitioner herein based on the first information dated 06.05.2025 received from Smt.Husnabanu Shirol. Apprehending arrest in the case, petitioner had filed Criminal Miscellaneous No.5351/2025 before the jurisdictional Sessions Court which was rejected on 30.06.2025. Therefore, he is before this Court. 4. Allegation in the first information against the accused is that in respect of immovable property of which the first informant is the absolute owner, a fraudulent sale deed - 3 - HC-KAR NC: 2025:KHC-D:10067 CRL.P No. 102884 of 2025 was executed and registered on 19.07.2024 in favour of the petitioner by an unknown lady who had impersonated the first informant. Subsequently, the petitioner has sold the said property in favour of accused No.2. 5. Learned counsel for petitioner had submitted that he was a bona fide purchaser of the aforesaid property from the first informant who has thereafter filed a false complaint against him. This Court had directed the petitioner to produce the sale deed dated 19.07.2024 which was executed in his favour and also the proof of monetary transaction under the said sale deed. From a perusal of the sale deed dated 19.07.2024, which is made available to the Court by the learned counsel for the petitioner, it is found that out of the sale consideration of Rs.16,50,000/-, a sum of Rs.10,00,000/- was paid to the vendor vide cheque dated 11.07.2024 drawn on Bank of Baroda, Tarihal Branch, Hubballi. However, learned counsel for the petitioner has failed to produce his bank account statement to prove the aforesaid transaction and on the other hand, he submits that the cheque was not presented and on the other hand, subsequently entire amount of - 4 - HC-KAR NC: 2025:KHC-D:10067 CRL.P No. 102884 of 2025 Rs.10,00,000/- has been paid by him to his vendor by cash. The aforesaid submission is difficult to be believed. According to the prosecution, the person found in the photo affixed to the sale deed is not the first informant. Under the circumstances, custodial interrogation of the petitioner becomes necessary since he is the beneficiary of the sale deed dated 19.07.2024 which is executed by an unknown lady who had impersonated the first informant. 6. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, the petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH / CT:BCK LIST NO.: 1 SL NO.: 7