- 1 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12132 OF 2025 C/W CRIMINAL PETITION NO. 11501 OF 2025 IN CRL.P No. 12132/2025 BETWEEN: SRI. SHIVANNA C.N. S/O NINGAIAH, AGED ABOUT 44 YEARS, R/AT CHAMANAHALLI VILLAGE, KANVA POST, KOOTGAL HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 108. …PETITIONER (BY SRI. GOWTHAMA V., ADVOCATE FOR SRI. MOHAN KUMARA D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHANNAPATNA RURAL PS, RAMANAGARA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. VATHSALA J. AGED ABOUT 37 YEARS, D/O LATE JAVARAIAH, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 R/AT #51, NEAR ST. ANNE’S PU COLLEGE, SIDDARTHNAGAR, APPAGERE, CHANNAPATNA TOWN, CHANNAPATNA TALUK, BENGALURU SOUTH, RAMANAGARA-562 160. …RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; SRI. NAGENDRA T., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO SET-ASIDE THE ORDER DATED 19.07.2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA DISTRICT, IN CRL.MISC.NO.432/2025 AND CONSEQUENTLY, TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON ANTICIPATORY BAIL, IN THE EVNET OF HIS ARREST BY RESPONDENT CHANNAPATNA RURAL POLICE STATION, RAMANAGARA, IN CRIME NO.70/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 318(4), 115(2), 352, 353(1), 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, CHANNAPATNA, RAMANAGARA. IN CRL.P NO. 11501/2025 BETWEEN: 1. SRI. PRASAD K. S/O KRISHNEGOWDA, AGED ABOUT 33 YEARS, 2. SMT. RATHNAMMA W/O KRISHNEGOWDA, AGED ABOUT 49 YEARS, BOTH ARE R/AT NO.1004/2006, FRONT OF PARVTHI TAKIES, CHANNAPATTANA TOWN, RAMANAGARA DISTRICT, PIN-562 160. ...PETITIONERS (BY SRI. RAVISHA M.G., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 AND: 1. STATE OF KARNATAKA CHANNPATTANA TOWN POLICE, CHANNAPATTANA. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA-01. 2. SMT. VATHSALA J. AGED ABOUT 37 YEARS, D/O LATE JAVARAIAH, R/AT #51, NEAR ST. ANNE’S PU COLLEGE, SIDDARTHA NAGAR, APPAGERE, CHANNAPATNA TOWN, CHANNAPATNA TALUK, BENGALURU SOUTH, RAMANAGARA-562 160. ...RESPONDENTS (BY SRI. R. RANGASWAMY, HCGP FOR R1; SRI. NAGENDRA T., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW PETITION AND ENLARGE THEM ON BAIL IN CRIME NO.70/2025 REGISTERED BY THE CHANNAPATNA RURAL POLICE, CHANNAPATNA RURAL CIRLE, RAMANAGARA DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 115(2), 352, 353(1) R/W SECTION 3(5) OF BNS, 2023 OF THE BHARATIYA NYAYA SANHITA, 2023, WHICH IS PENDING BEFORE THE PRL. CIVIL JUDGE (JR.DN) AND J.M.F.C. COURT, CHANNAPATNA, RAMANAGARA DISTRICT. THESE PETITIONS, COMING ON FOR ODERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 4 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 ORAL ORDER Both these petitions arise out of Cr.No.70/2025 of Channapatna Rural Police Station, Ramanagara, registered for the offence punishable under Section 318(4), 115(2), 352, 353(1) and 3(5) of the BNS, 2023. 2. FIR is registered against accused Nos.1 to 4, on the basis of a complaint lodged by one Smt.Vathsala J. D/o Late Javaraiah. 3. Petitioner in Crl.P.No.12132/2025 is accused No.2 and petitioners in Crl.P.No.11501/2025 are accused Nos.1 and 4 respectively. 4. Both the petitions are preferred under Section 482 of BNSS, 2023 seeking anticipatory bail. 5. It is alleged by the complainant that the accused have induced her to sell a site for Rs.15 lakhs which was valued at Rs.22 lakhs and periodically received a sum of Rs.5,00,960/- and without selling the site, cheated her. As per complaint averments, a sum of - 5 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 Rs.2,45,000/- was paid in cash to accused No.1 and Rs.2,55,960/- was transferred to accused No.2 through online payment. 6. It is averred in the complaint that accused No.1 and the complainant got acquainted with each other about 1½ years prior and since 8 months they became very close to each other. In the month of November, 2024, accused No.1 is alleged to have approached the complainant and her mother and offered to sell the site worth Rs.22 lakhs, for a consideration of Rs.15 lakhs and received the amount and cheated her. Further allegations are that when the complainant tried to contact the said accused, he abused and threatened her with dire consequences etc. 7. The learned counsel for petitioner has pointed out that according to the complainant, accused No.1 abused and assaulted her on 15.3.2025 and 5.4.2025, however, after an inordinate delay i.e., on 14.4.2025, complaint was lodged by making false allegations. - 6 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 8. The learned counsel for respondent No.2 has filed statement of objections. He contended that the accused with an intention of cheating the complainant, offered to sell the site to him for a lessor amount and received a sum of Rs.5,00,960/-, thereafter, not only cheated the complainant, but abused, assaulted and threatened her. He further contended that after registration of the case, accused No.1 has intimidated the complainant and therefore, she has lodged complaint with the police and NCR has been registered. He therefore, contended the petitioners are not entitled for bail. 9. The learned High Court Government Pleader has contended that investigation is in progress and if the petitioners are granted the relief, they may tamper with the prosecution witnesses and may not co-operate with the investigation of the case. 10. From the averments in the complaint, it can be seen that the main allegations against the petitioners are that they have cheated the complainant to the tune of - 7 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 Rs.5,00,960/- offering to sell the site for a lesser price. Contention of the learned counsel for petitioners is that the transaction is purely civil in nature, which has given a colour of criminal offence. The allegations that accused No.1 has threatened and assaulted the complainant etc., is a matter which has to be investigated into and established in due course. Accused No.3 has been enlarged on bail by the learned Magistrate. Petitioners have undertaken to co- operate with the investigation of the case. 11. In the facts and circumstances, petitioners can be granted the relief sought in the petitions, imposing suitable conditions. Hence, the following: ORDER I. Petitions are allowed. II. Petitioners/accused Nos.1, 2 and 4 in Crime No.70/2025 registered by Channapatna Rural Police Station, Ramanagara, shall be released in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within one week from the date of - 8 - HC-KAR NC: 2025:KHC:37778 CRL.P No. 12132 of 2025 C/W CRL.P No. 11501 of 2025 receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with a surety for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. f) They shall not threaten or intimidate the complainant in any manner. If the above conditions are violated, prosecution or the complainant are at liberty to seek cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 44