- 1 - HC-KAR NC: 2025:KHC:26516 CRL.P No. 9621 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9621 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI DEVARAJ (A1) S/O LATE SUBBARAYAPPA, AGED ABOUT 32 YEARS, R/AT NO.200, KURABARA BEEDI, GUNJUR VILLAGE, VARTHUR HOBLI, BENGALURU – 560 087. …PETITIONER (BY SRI. NANJUNDA GOWDA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY VARTHUR POLICE STATION, BENGALURU RURAL DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. MANJUNATHA.S.R (P.I) POLICE INSPECTOR, AGED ABOUT 44 YEARS, W/AT WHITEFIELD TRAFFIC POLICE STATION, WHITEFIELD KADUGODI MAIN ROAD, BENGALURU CITY – 560 066. …RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP A/W SRI. B.N. JAGADEESHA, ADDL.SPP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 19.06.2025 PASSED BY THE IX ADDL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26516 CRL.P No. 9621 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “i) Quash the Order dated 19.06.2025 passed by the IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru. ii) Also directing the Sub-Registrar, Shivajinagar or his staff to go to Central Jail, Parappana Agrahara on 10.07.2025 оr on 11.05.2025 and enable the Petitioner to execute the Sale Deed in respect of the property which is in joint ownership of Petitioner, Petitioner’s mother Yashodamma and Petitioner’s brother Bharath in Sy.No.15/6, to an extent of 7 guntas, situated at Gunjur, Varthur Hobli, Bengaluru East Taluk, in favour of M/s Akarsha Reality Pvt. Ltd.," the company incorporated under Companies Act, 1956, having its office at No.2/4, Langford Gardens, Richmond Town, Bengaluru-560025 represented by its Directors B.M.Karunesh, PAN No.AAHCA3322M. iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC:26516 CRL.P No. 9621 of 2025 2. Heard learned counsel for the petitioner and learned HCGP and learned Addl. SPP for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that the petitioner is under trial and presently in judicial custody in Central Jail, Parappana Agrahara and he intends to register / execute the Sale Deed before the Sub-Registrar, Shivajinagar and for this purpose it is necessary that the petitioner be escorted from Parappana Agrahara jail to the office of the Sub-Registrar, Shivajinagar by the jail authorities so as to enable him to execute and register the said document. In support of his submission, he places reliance upon the judgment of the Co-ordinate Bench of this Court in N.G.Girish Vs. State of Karnataka – Crl.P.No.10722/2022 dated 06.01.2023. “Learned High Court Government Pleader accepts notice for the respondent State. 2. This petition is filed by the petitioner-accused under Section 439 of Cr.P.C., for granting regular bail in Crime No.77/2020 registered by Dobbespet Police Station, Bengaluru, pending on the file of IX Additional District and Sessions Judge, Bengaluru Rural, Bengaluru in - 4 - HC-KAR NC: 2025:KHC:26516 CRL.P No. 9621 of 2025 S.C.No.175/2021, for the offences punishable under Sections 302, 201 of 1PC. 3. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 4. Having heard the arguments of learned counsel and on perusal of the records, which reveals, this Court has already rejected the bail petition of this petitioner on merits by detailed order. However, the learned counsel for the petitioner submits that the petitioner is required to repay the loan amount to the Janatha Credit Co-operative Society Limited and the petitioner and his family members is having ancestral property in his village. Now, the family members have decided to sell the property, so as to clear the loan amount. Hence, in order to execute sale deed in favour of the petitioner, it is very much necessary to send the petitioner for one day with escorts at his own cost. Therefore, the learned counsel for the petitioner prayed to direct the Jail Authorities to take the petitioner for one day to the Sub- Registrar Office at Koratagere, Koratagere Taluk with proper escort at his own cost and to bring him back to the prison for the purpose of executing the sale deed in favour of the third parties. 5. Considering the facts and circumstances of the case, though the petitioner has sought for granting bail, but he has restricted his relief for giving escort for taking him to the Koratagere for execution of the sale deed for a day in his cost. - 5 - HC-KAR NC: 2025:KHC:26516 CRL.P No. 9621 of 2025 6. Hence, considering the same, the petition filed by petitioner-accused No.1 for granting bail is hereby rejected. 7. Superintendent of However, the Chief Bengaluru Central Jail, Parappana Agrahara is directed to provide escort and take him to the Koratagere Sub-Registrar Office for the purpose of executing the sale deed in favour of third parties by this petitioner at his own cost. 8. Liberty is granted to fix the date by the Jail Superintendent as per the convenience of the petitioner.” 4. In view of the aforesaid facts and circumstances and the intention on the part of the petitioner to execute and register the Sale Deed in relation to immovable property and in the light of the judgment of the Co-ordinate Bench of this Court in Girish’s case supra, I deem it just and appropriate to dispose of this petition by issuing certain directions to the respondents. 5. The respondent – jail authorities are directed to escort the petitioner to the office of the Sub-Registrar for the limited purpose of executing and registration of Sale Deed on the date furnished / indicated by the petitioner to the respondent – jail authorities in advance. Immediately upon the petitioner indicating the date fixed / proposed for the execution and registration of Sale Deed, the respondent – jail authorities shall escort the petitioner - 6 - HC-KAR NC: 2025:KHC:26516 CRL.P No. 9621 of 2025 from Parappana Agrahara jail to the office of the Sub-Registrar for the purpose of execution / registration of documents and thereafter escort him back to the Parappana Agrahara Jail at the cost of the petitioner. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 59