- 1 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10224 OF 2025 BETWEEN: SRI C NARAYANASWAMY S/O CHINNAPPA AGED ABOUT 67 YEARS R/AT NO.127 GUNIGANTIPALYA MULBAGAL, MULBAGAL TALUK KOLAR- 563131 …PETITIONER (BY SRI. M R NANJUNDA GOWDA, ADVOCATE) AND: STATE OF KARNATAKA ROBERTSONPET POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560001 …RESPONDENT (BY SRI.R.RANGASWAMY, HCGP FOR R1; SRI.M.V.MANJUNATHA, ADVOCATE FOR DEFACTO COMPLAINANT) THIS CRL.P FILED U/S 438 CR.P.C, 1973 (U/S 482 BNSS, 2023) PRAYING TO ALLOW THIS PETITION AND THE PETITIONER BE ENLARGED ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.62/2025 REGISTERED BY ROBERTSON P.S., FOR THE OFFENCES P/U/S 318(4),336(2),340(2),336(3) OF BNS, 2023, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC COURT, KOLAR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 DISTRICT, K.G.F.THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR DISTRICT, K.G.F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, the learned HCGP for respondent - State and the learned counsel appearing for Defacto complainant. Perused the material on record. 2. In the complaint lodged by one Gopalappa C., son of late Chinnappa, it is averred that he is the absolute owner and in peaceful possession of property bearing survey No.116, measuring 4 acres and 27 guntas, situated at Rachabandahalli village, Duggasandra Hobli, Mulbagal Taluk, Kolar District. On 21.06.2025, so as to avail the government benefits, he obtained the pahani and noticed that petitioner's name was mentioned as the owner of the property. It is alleged that though he has never executed - 3 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 any General Power of Attorney or gift deed in favour of anyone, petitioner having fraudulently executed a GPA in the office of the Sub-registrar, Mulbagil and with the help of forged GPA, executed a gift deed in his favour at the office of Sub-registrar, KGF. 3. The learned counsel appearing for the defacto complainant contended that the complainant has neither signed any GPA nor provided any photographs for its execution, but the petitioner has created the GPA and gift deed fraudulently and registered his name in the record of rights, on the basis of fake gift deed. 4. The FIR is registered against the petitioner for the offence punishable under Sections 318(4), 336(2), 340(2), 336(3) of BNS, 2023. Learned HCGP contended that the investigation is going on, petitioner is absconding from the date of registration of the case and he is required for custodial interrogation, so as to obtain his signature etc. He contended that, if the petitoner is released on - 4 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 anticipatory bail, he may not co-operate with the investigation of the case. 5. The learned counsel for the petitioner contended that the complaint is lodged suppressing the material facts, making bald and vague allegations. Complainant has suppressed that the petitioner is his own brother and he himself had executed a General Power of Attorney dated 12.08.2017, in favour of the petitioner, duly affixing his signature. Complainant filed an appeal No.456/2023 before the Assistant Commissioner, Kolar seeking to set aside the mutation order and to effect the change of Khata and mutation entries in his name, against one Smt.Vijaya, in respect of the very same property. The Assistant Commissioner by order dated 08.08.2024, allowed the appeal in favour of the complainant. Aggrieved by the same, Smt.Vijaya preferred a revision petition before the Deputy Commissioner, Kolar, which is pending adjudication. He contended that the complainant has entered into an agreement of sale with two more - 5 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 persons, in respect of the very same property and even civil suits are pending against him, filed by those two persons. He submitted that the petitioner is innocent and he has been falsely implicated in this case. He is ready and willing to abide by any conditions which may be imposed by the Court. 6. Having perused the material on record, it appears that there is a civil dispute between the parties in respect of the property in question. The petitioner claims that a GPA has been executed by the complainant, on that basis gift deed was executed. According to the complainant, the said GPA is forged and the petitioner fraudulently entered his name in the pahani. The said allegations have to be investigated into and established in due course. Petitioner has undertaken to co-operate with the investigation of the case. Considering the facts and circumstances of the case, by imposing necessary conditions, relief sought in the petition can be granted. - 6 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 ORDER i) Petition is allowed. ii) Petitioner/Accused in Crime No.0062/2025 registered by Robertsonpet Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of 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) with two sureties for the likesum. b) He shall be available for the purpose of investigation, whenever called for and shall cooperate with the investigation of the case. c) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. - 7 - HC-KAR NC: 2025:KHC:32058 CRL.P No. 10224 of 2025 d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TIN List No.: 1 Sl No.: 28