- 1 - HC-KAR NC: 2025:KHC:47813 CRL.P No. 13674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13674 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI SRINIVASA H R S/O RANGAPPA AGED ABOUT 48 YEARS R/AT MEDARA STREET HOSPETE, MAGADI ROAD RAMANAGARA DISTRICT - 562 159. …PETITIONER (BY SRI. P.NEHRU, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY MAGADI POLICE STATION, RAMANAGARA DISTRICT- 562 159. REPRESENTED BY HCGP HIGH COURT COMPLEX BENGALURU-560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO GRANT HIM ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CRIME No.151/2025 OF MAGADI POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 316(4), 318(4) AND Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47813 CRL.P No. 13674 of 2025 306 OF B.N.S PENDING ON THE FILE OF LEARNED PRL.CIVIL JUDGE (JR.DN) AND JMFC, MAGADI, RAMANAGARA DISTRICT. 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 BNSS praying to grant anticipatory bail in Crime No.151/2025 of Magadi Police Station registered for offences under Section 316(4), 318(4), 306 of BNS. 2. Heard learned counsel for the petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that the title deeds of mortgaged property will be kept in strong room and no one will have access to it. Therefore, there is no question of this petitioner committing theft of the sale deed. The petitioner in order to repay the amount borrowed has sold the property and the purchaser has not paid the full amount. The petitioner is ready to pay the balance loan amount. The petitioner is ready to co-operate - 3 - HC-KAR NC: 2025:KHC:47813 CRL.P No. 13674 of 2025 with the IO in the investigation and abide by any conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that even after service of Court notice, the petitioner has not appeared for interrogation. The wife appeared and gave statement, which indicates that this petitioner, who is working in the same bank in Magadi Branch has taken away the sale deed and sold the property. The investigation is in progress. If the petitioner is granted anticipatory bail, there are chances of hampering investigation and tampering the prosecution witnesses. With these he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. As per averments of the complaint, the petitioner, who was working as a Peon in Magadi Branch of the same - 4 - HC-KAR NC: 2025:KHC:47813 CRL.P No. 13674 of 2025 bank, has availed housing loan by depositing the title deed. Subsequently, the petitioner and his wife applied for another loan and the same has also been sanctioned. The petitioner has taken away the title deed of mortgage property from the custody of the bank and sold his property to third person. Whether this petitioner has committed theft of the sale deed and who are all involved in the said theft, is a matter of investigation and filing of charge sheet. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner has undertaken to co-operate with IO in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following: ORDER The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime - 5 - HC-KAR NC: 2025:KHC:47813 CRL.P No. 13674 of 2025 No.151/2025 of Magadi Police Station, subject to following conditions: (i) The petitioner shall appear before the IO within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the IO. (ii) The petitioner shall co-operate with the IO in investigation. (iii) The petitioner shall appear before the IO whenever called for. (iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (v) The petitioner shall appear before the IO on first and third Sunday of every month for a period of 3 months or till filing of final report, whichever is earlier. - 6 - HC-KAR NC: 2025:KHC:47813 CRL.P No. 13674 of 2025 In view of disposal of the petition, IA No.1/2025 does not survive for consideration and accordingly, it is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 20 Ct.sm