- 1 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104367 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI. BASAVARAJ S/O. MARIYAPPA VADRA, AGED ABOUT 38 YEARS, OCC. AGRICULTURE, R/O. HIREVADRAKAL VILLAGE, YELBURGA TALUK, KOPPAL DISTRICT-583236. 2. SRI. YALLAPPA @ S/O. GIDDAPPA @ HANUMANTHAPPA, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/O. HIREVADRAKAT, YELBURGA, KOPPAL DISTRICT- 583227. …PETITIONERS (BY SRI. TEJESHWAR K, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH KUSHTAGI P.S. REP. BY ITS ADDL SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580004. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO, ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN CRIME NO.171/2025 IS REGISTERED BY THE KUSHTAGI PS., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(2), 318(4), 61, 319(2), 336(2), 336(3) OF BNS, WHICH IS NOW PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) AND JMFC, KUSHTAGI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are arrayed as accused Nos.3 and 4 seeking for grant of anticipatory bail in Crime No.171/2025 of respondent/Police for the offence punishable under Sections 318(2), 318(4), 61, 319(2), 336(2) and 336(3) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that a complaint came to be registered by the complainant viz., Rishab S/o Shyam Choudhari who is stated to be the relative of Yogesh Shashikanth Saraswate. According to him, Saraswate had purchased the property from his vendors and it was registered vide its document No.607/2008-09 dated 13.06.2008. 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 3. It is further stated that on coming to know that the said land was knocked off by unknown person who has impersonated as ‘Saraswate’ and sold the said property to one Erappa S/o Girayappa. Other accused have assisted the said transaction by affixing their signature as witnesses to the said documents. Hence, the complaint. 4. Based on the said complaint, the respondent/Police registered a case in Cr.No.171/2025 against the petitioners and the investigation is under progress. 5. Heard Sri. Tejeshwar K., learned counsel for the petitioners and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State. 6. It is the submission of learned counsel for the petitioners that the petitioners are arrayed as accused Nos. 3 and 4. It is alleged against petitioners that they had affixed their signature as witnesses to the sale deed. - 4 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 However, they did not have any personal knowledge about the said transaction. 7. It is further submitted that the offences alleged against the petitioners are neither punishable with death nor imprisonment for life, they will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 8. Per contra, learned High Court Government Pleader for respondent/State vehemently submitted that accused Nos.1 to 5 in furtherance of their common intention, created and forged fake documents, impersonated as original owner and executed the sale deed in favour of Erappa S/o Girayappa. The entire transaction is sham transaction, the petitioners and others had intention to defraud the original owner of the property. Therefore, it is not appropriate to grant them bail. Making such submissions, learned HCGP prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 9. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the complainant is the relative of Saraswate who is stated to be original owner of the property bearing Sy.No.146/3 measuring 15 acres situated at Myagaladokki Village. 10. The allegations made against the present petitioners that they had affixed their signature as witnesses to the said sale transaction. Having considered the overt-acts of the petitioners and also nature and gravity of the offence, it is appropriate to grant bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.171/2025 of respondent/Police on executing personal bond for a sum of - 6 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer subject to following conditions; (a) The petitioners shall appear before the Investigating Officer within a period of one month from today to execute personal bond and also to furnish surety. (b) The petitioners shall co-operate with investigation as and when required, till filing of the charge-sheet. (c) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the - 7 - HC-KAR NC: 2025:KHC-D:16589 CRL.P No. 104367 of 2025 prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 3