- 1 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102093 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: GANESH S/O. VIJAYKUMAR PATIL, AGE: 36 YEARS, OCC: BUSINESS, R/O. PLOT NO.391, 3RD FLOOR, VAISHANVI BUILDING, GODASHE NAGAR, MANDOLI ROAD, BELAGAVI. …PETITIONER (BY SHRI VITTHAL S. TELI, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD,THROUGH KHANAPUR POLICE STATION, BELAGAVI. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (SECTION 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 IN KHANAPUR POLICE STATION CRIME NO.07/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KHANAPUR FOR OFFENSES PUNISHABLE UNDER SECTIONS 318(4), 319(2), 336(2), 340(2), 3(5) OF BNS 2023 MAY BE ENLARGED ON BAIL IN EVENT OF ARREST OF ACCUSED NO.2/PETITIONER BY THE RESPONDENT/POLICE, IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri Yash R. Nadkarni learned counsel for Sri Vittal S. Teli, learned counsel for petitioner and Sri Jairam Siddi, learned High Court Government Pleader for respondent – State. 2. The petitioner – accused No.2 has filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) (Section 438 of Cr.P.C.) seeking anticipatory bail in Crime No.7/2025 of Khanapur Police Station registered for the offences punishable under Sections 318(4), 319(2), 336(2), 340(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short). 3. The brief facts of the case of the prosecution are that, the father of the first informant by name Shrikant Sahadev Patil owned the property bearing R.S.No.91/2 - 3 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 situated at Doddahosur village. Shrikant Sahadev Patil died on 23.06.2024. However, his name has been continued in the RTC extract. On 30.12.2024, the first informant made an enquiry in the office of the Sub-Registrar and came to know that, the sale deed has been created in respect of land bearing R.S.No.91/2. Accused Nos.1 and 3 to 5 forged the sale deed and they impersonated Shrikant Sahadev Patil and alienated the said land in favour of accused No.2. Hence, the first informant lodged the complaint. Based on the complaint, the Station House Officer of respondent – police registered a case for the aforesaid offences. Apprehending his arrest at the hands of respondent – police, the petitioner – accused No.2 has filed this petition. 4. Learned counsel for the petitioner – accused No.2 contended that the petitioner has been falsely implicated in the case. The entire contents of complaint and FIR, do not make out the alleged offences as there is no prima facie case against the petitioner. The petitioner is a bonafide purchaser of land bearing R.S.No.91/2, paid entire sale consideration of Rs.8,00,000/- and prior to purchase of the land, he issued - 4 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 paper publication to the general public in Kannadaprabha, a Kannada daily news paper on 18.11.2024 calling objection from affected persons. On these grounds he prayed to grant anticipatory bail. 5. Learned High Court Government Pleader has filed Case Diary and contended that there are sufficient materials collected by the Investigating Officer to show the involvement of the present petitioner in the alleged crime. The present petitioner being accused No.2 is involved in this case and he is a beneficiary under the transaction. It is contended that as per the sale deed, the petitioner – accused No.2 appears to be a prime accused, who is also involved in creating and fabricating sale deed. As such, he is not entitled for bail. It is contended that the investigation is still pending. If the petitioner – accused No.2 is enlarged on anticipatory bail, he may commit similar offences and threaten the prosecution witnesses. Hence, prays for rejection of the petition. - 5 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 6. On perusal of the material available on record, it appears that the father of first informant was the owner of the land baring R.S.No.91/2, who died on 23.06.2024. His name continued in the revenue record. However, accused No.1 in collusion with accused Nos.3 to 6 have created forged and concocted sale deed alleged to have been executed by Shrikant Sahadev Patil in favour of accused No.2. From perusal of copy of the sale deed and the statement of witnesses, it appears that, under the sale deed, the petitioner has paid total sale consideration of Rs.8,00,000/- for 1 acre 23 guntas. It shows that the petitioner appears to be bonafide purchaser of the land in question. At this juncture, though accused No.2 is involved in the offences under Sections 468, 471 and 420 of IPC, but the prosecution has to establish these aspects during the trial, as to involvement of accused No.2 in this case. 7. Hence, considering the nature of allegations, circumstances in which the offences are committed, position and status of the petitioner with reference to the victim and witnesses; likelihood of fleeing away from justice or - 6 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 repeating the same offences by the petitioner, tampering with witnesses, character and antecedents of the petitioner, this Court is of the opinion that, the petitioner is entitled for grant of anticipatory bail in his favour. Hence, the following: ORDER The criminal petition is hereby allowed. Petitioner – accused No.2 is ordered to be enlarged on anticipatory bail in Crime No.7/2025 of Khanapur Police Station, for the offences punishable under Sections 318(4), 319(2), 336(2), 340(2) and 3(5) of BNS in the event of his arrest by the respondent - Polcie, on the following condition: (i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer/SHO. (ii) The petitioner shall surrender before the Investigating Officer/SHO within 15 days from today and shall cooperate with the investigating agency. - 7 - HC-KAR NC: 2025:KHC-D:7783 CRL.P No. 102093 of 2025 (iii) The petitioner shall mark his attendance before the Investigating Officer/SHO on first Sunday of every month in between 10:00 a.m. and 5:00 p.m. for a period of six months or till filing of the final report, whichever is earlier. (iv) The petitioner shall appear before the Trial Court regularly without fail. (v) The petitioner shall not commit similar offence. Violation of any of the above conditions, will entitled the prosecution for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 42