- 1 - HC-KAR NC: 2025:KHC-D:9320 CRL.P No. 102815 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102815 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MOHAN S/O NAGAPPA SHINDE, AGE: 45 YEARS, OCC: BUSINESS, R/O: SHIVAJI GALLI, ASTE-590 001, TQ: AND DIST: BELAGAVI. … PETITIONER (BY SRI. SHEKHARGOUDA NAGANURI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH INSPECTOR, KHADE BAZAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 002. 2. ROHINI ASHOK ANAND, AGE: 34 YEARS, OCC: BUSINESS, R/O: PLOT NO.31, 3RD CROSS, SY. NO.75/5, LAXMITAKE MA, NO. AT: FLAT NO.301, KODIGEHALLI, BENGALURU CITY-560 092. … RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR RESPONDENT; SRI. SHREEVATSA HEGDE, ADVOCATE FOR COMPLAINANT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ALLOW THIS CRIMINAL PETITION AND PASS AN ORDER TO RELEASE THE PETITIONER/ACCUSED NO.5 ON BAIL UNDER SECTION 438 OF CR.P.C./482 OF BNSS IN KHADE BAZAR P.S. CR. NO.32/2025 BEFORE JMFC III COURT, BELAGAVI ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 255, 419, 420, 465, 468, 471, 472, 34 OF INDIAN PENAL CODE, 1860, IN THE ENDS OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9320 CRL.P No. 102815 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) Accused No.5 in Crime No.32/2025 registered by Khadebazar Sub Division, Belagavi City, for offences punishable under Sections 255, 419, 420, 465, 468, 471, 472 read with Section 34 of Indian Penal Code, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.32/2025 was registered by Khadebazar Sub Division, Belagavi City P.S., for the aforesaid offences against Sunil Shivappa Talwar and others based on the first information dated 09.06.2025 submitted by Smt. Rohini Ashok Anand. Petitioner is arraigned as accused No.5 in the FIR. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous No.792/2025 - 3 - HC-KAR NC: 2025:KHC-D:9320 CRL.P No. 102815 of 2025 before the jurisdictional Sessions Court which was rejected on 03.07.2025. Therefore, he is before this Court. 4. Learned HCGP and the learned counsel for the de facto complainant have opposed the petition. 5. Perusal of the averments found in the first information would reveal that first informant has alleged that her mother is the owner of site bearing No.1416 measuring 5445 sq.ft. situated at Sadashiva Nagar, Belagavi. Her mother had met with an accident on 05.06.2023. Therefore, first informant had gone to the office of Town Municipality to pay the tax and then she came to know that the aforesaid site belonging to her mother was sold by accused No.1 in favour of the other accused based on the concocted and fraudulent general power of attorney allegedly executed by the mother of the first informant. Allegation against the petitioner is that he was the attesting witness to the aforesaid sale deed executed by accused No.1. On the basis of the alleged - 4 - HC-KAR NC: 2025:KHC-D:9320 CRL.P No. 102815 of 2025 fraudulent general power of attorney said to have been executed by the mother of the first informant. Undisputedly, the petitioner aged about 45 years has no other criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. The maximum punishment for the alleged office is imprisonment for a period of 7 years. Under the circumstances, I am of the opinion that the prayer made by the petitioner in the present needs to be allowed. Accordingly, I proceed to pass the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.32/2025 registered by Khadebazar Police Station, Belagavi City, for offences punishable under Sections 255, 419, 420, 465, 468, 471, 472 read with Section 34 of Indian Penal Code, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC-D:9320 CRL.P No. 102815 of 2025 (i) The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. (ii) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 55