Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 70023 (KAR)

ANURAGH R v. STATE BY

CRL.P/14619/2025 · 2025-11-10

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45572 CRL.P No. 14619 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14619 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: ANURAGH R S/O R RAJESH, AGED ABOUT 34 YEARS, R/AT. NO.2, BASAVESHWARA CIRCLE, BEML LAYOUT, BANGALORE SOUTH, BENGALURU - 560 098. …PETITIONER (BY SRI. S.SHANKARAPPA., ADVOCATE) AND: STATE BY KOTHANUR POLICE STATION, REP BY SPP, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.252/2025 OF KOTHANUR POLICE STATION ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, NRUPATUNGA ROAD, BANGALORE CITY, IN THE EVENT OF Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45572 CRL.P No. 14619 of 2025 ARREST FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 319(2), 336(3), 336(2), 340(2) READ WITH SECTION 3(5) OF BNS. 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 accused No.1 under Section 482 of Bharatiya Nyaya Sanhita, 2023 praying to grant anticipatory bail in Crime No.252/2025 of Kothanur Police Station, registered for offences punishable under Sections 318(4), 319(2), 336(2), 336(3), 340(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the allegation against this petitioner in the complaint is cheating the complainant. The petitioner has cheated - 3 - HC-KAR NC: 2025:KHC:45572 CRL.P No. 14619 of 2025 the complainant as he has shown a flat as a Real Estate Agent and the complainant has purchased the same from the owner. He submitted that, the petitioner as a Real Estate Agent has only shown the flat which is available for sale and he has not forced the complainant to purchase the same. The petitioner is not involved in any cheating. The vendor has not been arrayed as accused. The petitioner is ready to cooperate with the police in investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, the petitioner is in the habit of cheating and there are six (6) cases registered against him. In one case, wherein he has been granted anticipatory bail and he has not cooperated with the Investigating Officer in the investigation. The petitioner has threatened the complainant to withdraw his complaint and therefore, Crime No.196/2025 has been - 4 - HC-KAR NC: 2025:KHC:45572 CRL.P No. 14619 of 2025 registered against him. The petitioner is required for custodial interrogation. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, the Court has perused the FIR and other materials placed on record. 6. On perusal of the averments of the complaint, the accusation against this petitioner is that, he and his three employees have shown a flat to the complainant and insisted him to purchase the same stating that, it belongs to unknown person and the said complainant has purchased the same from unknown person under the Sale Deed dated 12.09.2023. The vendor of the said Sale Deed i.e., Munseef Ahmed has not been arrayed as accused. The petitioner is not a witness to the said Sale Deed and he has not identified any of the executants and the purchaser. The petitioner is ready to cooperate with the police in investigation. The offences alleged against the - 5 - HC-KAR NC: 2025:KHC:45572 CRL.P No. 14619 of 2025 petitioner are not punishable either with death or imprisonment for life. 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.252/2025 of Kothanur Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a 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 Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. - 6 - HC-KAR NC: 2025:KHC:45572 CRL.P No. 14619 of 2025 iii) The petitioner shall cooperate with the Police in investigation and make himself available for interrogation whenever required. iv) The petitioners shall not directly or indirectly make any inducement of threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. v) The petitioner shall appear before the Investigating Officer on first and third Sunday of every month, for a period of two months or till the filing of the final report, whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 8