- 1 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104804 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: MR. SURESH PARASHURU S/O. PRASAD RAO, AGE. 43 YEARS, R/O. HOUSE NO.430, 4TH CROSS, BASAVESWARA NAGAR, TQ. TIPTURU, AND DIST. TUMKURU-580001. …PETITIONER (BY SRI. MAQBOOLAHAMED M.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HADAGALI PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. …RESPONDENT (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, ALLOW THE PRESENT PETITION AND GRANT ANTICIPATORY BAIL TO PETITIONER/ACCUSED NO.5 IN HADAGALI PS CRIME NO.92/2025 WHICH IS REGISTERED FOR THE OFFENCES Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 PUNISHABLE UNDER SECTIONS 406, 419, 465, 468 AND 420 OF IPC PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HADAGALLI AND ETC., 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 petitioner is before this Court seeking for grant of anticipatory bail in Crime No.92/2025 of respondent-police for the offence under Sections 406, 419, 465, 468 and 420 of the Indian Penal Code, 18601. Brief facts of the case: 2. The case of the prosecution is that, a complaint is filed by one Biju Chacko P.C.,S/o. Late PC Chacko, stating that he was working under Thomas Vijayan and Dr. Rajan Thomas. They had purchased the land measuring 97 acres situated at Koilagatti village, Huvinahadagli Taluk, Vijayanagara District. During Covid-19 period, the 1 For short, ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 complainant and the original owners of the property did not visit the land. In the meantime, the complainant learnt that, accused Nos.1 to 5 in furtherance of common intention to deceive the property, fabricated and forged some documents, as if, they had purchased the property from real owner and mutated the documents relating to property into their names and sold the same to some purchasers. After coming to know the said fact, the present complaint has lodged against the petitioner and others. Based on the complaint, the respondent-police after registering the case conducted investigation. The investigation is under progress. 3. Heard Sri. Maqboolahamed M. Patil, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent-State. 4. It is the submission of the learned counsel for the petitioner that, the petitioner is seeking for anticipatory bail. The alleged offences neither punishable with death nor - 4 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 imprisonment for life. The petitioner is innocent of the alleged offences. In fact, the allegations levelled against the petitioner are baseless and bald. 5. It is further submitted that, the petitioner is ready to co-operate with the investigation and also abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that, huge amount of land is involved in the scam. The petitioner and others in furtherance of common intention to knock off the property of the real owners, fabricated and forged certain documents and cheated the real owners. Therefore, custodial interrogation of the petitioner is very much essential. If the petitioner is enlarged on bail, there may be chances of absconding from the case. Therefore, it is not appropriate to grant bail to the petitioner. Making such - 5 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the petitioner is arrayed as accused No.5. It is stated that the petitioner along with others in furtherance of common intention to knock off the property which belongs to the real owners, created and fabricated certain documents, as if, they are the purchasers and sold the same to some purchasers. 8. Be that as it may. On perusal of averments of the complaint, without adverting to the merits of the case, I am of the considered opinion that, if suitable conditions are imposed to the petitioner, the apprehension of the prosecution would be met. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.92/2025 of respondent-police, on executing personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:18159 CRL.P No. 104804 of 2025 In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 1 Sl No.: 9