- 1 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103039 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. MOHAN K. S/O. K. GOPAL, AGE ABOUT 49 YEARS, OCC. BUSINESS, R/O. 19TH WARD, D.NO.12, C/O. NARAYANAPPA KALASI STREET, RADIO PARK, TQ. AND DIST. BALLARI-583 101. 2. T. RANJITHA KUMAR S/O. T. KRISHNAIAH, AGE ABOUT 38 YEARS, OCC. BUSINESS, R/O. 3RD WARD, GAGANBHAVI CAMP, BADANAHATTI, TQ. H.B. HALLI, DIST. VIJAYANAGARA-583 212. 3. RAAVI THIRUMALESH S/O. VENKATANARAYANA, AGE ABOUT 53 YEARS, OCC. BUSINESS, R/O. D.NO.101, 1ST WARD, BALAJI NAGAR CAMP, TQ. SIRAGUPPA, DIST. BALLARI-583 121. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 4. SANNAPPA REDDY VIJAYA KUMAR S/O. S.P. HANUMANTHAPPA, AGE ABOUT 61 YEARS, OCC. BUSINESS, R/O. 24TH WARD, DURGA NILAYAMA, BALAYYA BIDI, NEAR JAMU MASJID STREET, TQ. AND DIST. BALLARI-583 101. … PETITIONERS (BY SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HADAGALI POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ALLOW THE PRESENT PETITION AND RELEASE THE PETITIONERS/ACCUSED NO.1 TO 4 ON ANTICIPATORY BAIL IN HADAGALI POLICE STATION CRIME NO.92/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 419, 465, 468 AND 420 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.2 to 5 are before this court with a prayer to grant them anticipatory bail in Crime No.92/2025 registered by Hadagalli Police Station, Vijayanagara, for the offences punishable under Section 406, 419, 465, 468, 420 IPC. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.92/2025 was registered by Hadagalli Police Station, Vijayanagar, for the aforesaid offences against the Sub- Registrar, Hadagalli and others based on the first information dated 30.05.2025 received from Biju Chacko, S/o P.C. Chacko. Apprehending arrest in the said case, petitioners herein who are arrayed as accused nos.2 to 5 in the FIR had filed Crl. Misc. No.5375/2025, which was dismissed on 11.07.2025 Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that petitioners themselves are the victims of the alleged fraud in the present case. Petitioners had given money to the persons who had - 4 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 impersonated themselves as Thomas Vijayan and Rajan Thomas and towards repayment of the said money, the aforesaid two persons had executed power of attorneys dated 25.04.2019 in favour of the petitioners and the petitioners who bona fide believed with regard to the identity of the said persons, have subsequently executed the sale deeds in their favour in respect of the property, which was the subject matter of the General Power of Attorneys. Petitioners do not have criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioners are the beneficiaries of the alleged fraud. The identity of the persons who had impersonated the real owners of the property is yet to be established. For the said purpose, custodial interrogation of the petitioners is required. The fraudulent documents are all executed on the same day, which would prima facie go to show the fraud was played by the accused persons. Property worth crores of rupees has been - 5 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 transferred in the name of petitioners based on the fraudulent documents. Accordingly, she prays to dismiss the petition. 6. First informant - Biju Chacko has stated in the typed first information dated 30.05.2025, that properties bearing Sy. Nos. 217, 207/A, 208/A/2, 218/A/2, 220/C, 221/C etc., situated at Koyalarghatti Village, Hadagalli Taluk, totally measuring 97 acres are owned by Thomas Vijayan and Dr. Rajan Thomas who are brothers residing abroad. The first informant was the caretaker of the said land. Allegation against the accused persons is that by impersonating the real owners of the property, the accused persons had created registered general power of attorneys in respect of land measuring 68.17 acres in the aforesaid survey numbers and based on the said fraudulent general power of attorneys, subsequently said deeds were executed in their favour and thereby they had committed fraud and cheated the real owners of the property. 7. Perusal of the material on the court would go to show that four separate registered general power of attorneys were executed on 25.04.2019 in favour of the petitioners herein by persons who allegedly impersonated themselves to be the real - 6 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 owners of the property and subsequently based on the aforesaid four registered power of attorneys, the attorney named in the power of attorney had executed the sale deed in favour of himself on 29.08.2019. In all the sale deeds, the consideration in respect to the sale transactions are alleged to be paid in cash. The attorneys in whose favour the General Power of Attorney was executed, is himself the beneficiary of the fraudulent sale deeds. The accused persons are all from different places, but the four registered general power attorneys and the four sale deeds are executed on the same day. The four general power of attorneys are executed on 25.04.2019 and the four registered sale deeds are executed on 29.08.2019. 8. According to the learned Counsel for the petitioners, the petitioners had advanced money to the fraudsters who had impersonated the real owners and towards repayment of the said amount, the general power of attorneys were executed by them. However, the identity of the said persons who had executed the general power of attorney in favour of the petitioners has not been revealed by the petitioners and according to the petitioners they are strangers. This cannot be believed for the simple reason - 7 - HC-KAR NC: 2025:KHC-D:11098 CRL.P No. 103039 of 2025 that petitioners allegedly had given loan to the tune of lakhs of rupees to the persons who had executed the General Power of Attorneys in their favour, and therefore, it cannot be believed that the said persons are total strangers, whose whereabouts are not known to the petitioners. 9. Considering the aforesaid aspects of the matter and since the documents appear to be prima facie doubtful, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail cannot be entertained. Accordingly, petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 24