- 1 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13700 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: PRATHAPA RUDRAN S/O C ADIMOOLAN AGED ABOUT 66 YEARS, R/AT NO.48, 2ND G CROSS, RAMAIAH LAYOUT, KAMMANAHALLI MAIN ROAD BENGALURU-560 043 PRESENTLY R/AT NO.38/1 OSBORNE ROAD, NEAR LAKE SIDE HOSPITAL, CONTONMENT CIVIL AREA, SIVAN CHETTY GARDEN, BENGALURU-560 042. …PETITIONER (BY SRI. LETHIF B, ADVOCATE) AND: THE STATE OF KARNATAKA PULAKESHI NAGAR POLICE STATION BENGALURU CITY, REP BY SPP HIGH COURT BUILDING BANGALORE-560 001. …RESPONDENT (BY SMT. B. PUSHPALATHA, ADDL.SPP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.130/2019 (CC NO.51974/2021) OF PULIKESHINAGAR P.S, BENGALURU CITY FOR THE O/P/US 337,338,427,304 R/W 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner -accused No.12 praying to grant of anticipatory bail in Crime No.130/2019 of Pulakshinagar Police Station pending in C.C.No.51974/2021 on the file of XI ACMM, Bangalore registered for offences punishable under Sections 337, 338, 427, 304 and read with Section 149 IPC. 2. Heard learned counsel for the petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the petitioner and his wife are owners of property bearing No.40 and they have got constructed an apartment building in their property by entrusting the - 3 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 work to the contractors i.e., accused Nos.9 to 11. Due to the collapse of neighboring building i.e., property No.39 on the property/building of the petitioner, the building of the petitioner has also collapsed. Due to which several persons died. The petitioners are no way concerned with the death of the persons and collapse of the building constructed in property No.39. The petitioner was not aware of registration of the case against him. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to appear before the jurisdictional Court and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition and grant of anticipatory bail to the petitioner –accused No.12. 4. Per contra, learned Additional SPP for the respondent -State would contend that the petitioner and his wife got constructed a building in their property bearing No.40. The building of the petitioner collapsed due to the collapse of building in the neighboring property - 4 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 bearing No.39. The property constructed by the petitioner is of substandard building. The petitioner has not appeared even though he is aware of registration of the case against him. Therefore, the petitioner is not entitled for grant of anticipatory bail. With these, she prays to reject the petition. 5. Having heard learned counsels, the court has perused charge sheet and other materials placed on record. 6. The accusation against the petitioner is that he and his wife are owners of property No.40 over which apartment building has been constructed with the help of contractors. Accused Nos.9 to 11 are contractors who constructed building over the property of the petitioner. There was construction of building going on in the property bearing No.39 and it collapsed on the building of the petitioner, due to which the building of the petitioner has also collapsed. The allegation against the petitioner is that he constructed the substandard building colluding - 5 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 with other accused, due to which 06 persons died. The petitioner has been shown as absconding in the charge sheet. The petitioner submitted that he is residing in the address mentioned in his Aadhar card which is produced and he has not received any notice from the concerned Court. The petitioner has undertaken to appear before the jurisdictional court and abide by any terms and conditions imposed by this court. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is not having any criminal antecedents. The contractors who have constructed the building of the petitioner have been granted anticipatory bail. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.130/2019 of Pulakshinagar Police Station pending in C.C.No.51974/2021 on the file of XI ACMM, Bangalore registered for offences punishable under Sections 337, 338, 427, 304 and read with Section 149 IPC subject to following conditions; a) The petitioner –accused No.12 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.12 shall appear before the jurisdictional court within 10 days from this day and execute a bail bond and furnish surety. c) The petitioner –accused No.12 shall not tamper the prosecution witnesses either directly or indirectly. - 7 - HC-KAR NC: 2025:KHC:43541 CRL.P No. 13700 of 2025 d) The petitioner –accused No.12 shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 14