Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37398 CRL.P No. 11503 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11503 OF 2025 BETWEEN:
SRI PRADEEP R, AGED ABOUT 33 YEARS, S/O LATE RAMESH V T R/AT NO.73, ARAKERE ROAD, NEAR ASHWATH KATTE, ADDE VISHWANATHAPURA, HESARAGHATTA HOBLI, BENGALURU NORTH-561 203. …PETITIONER
(BY SRI. NAGESH S., ADVOCATE)
AND:
STATE BY PULAKESHINAGARA POLICE BENGALUR CITY, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT
(BY SRI. R. RANGASWAMY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN THE CRIMINAL CASE REGISTERED BY THEM IN CR.NO.147/2025 DATED 10.05.2025 IN THE COURT OF 4TH ADDL.CMM COURT, FOR THE ALLEGED OFFENCES UNDER SECTIONS 316(2), 318(4) OF BNS, 2023.
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37398 CRL.P No. 11503 of 2025
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
1. Crime No.147/2025 of Pulakeshinagar Police Station is registered against the petitioner for the offence punishable under Section 316(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short).
2. It is alleged by the first informant by name Narayan.E that the petitioner, has sold two sites to him on 06.12.2018 by receiving a sum of Rs.6,69,000/- and executed a registered sale deed and also assured that he will develop the said sites. Later when he visited the sites, he noticed a compound erected around the sites and on enquiry he came to know that the petitioner was not the owner of the site, but he sold the sites belonging to some other persons to him and fraudulently got registered the sale deed.
3. Petitioner is alleged to have sold the sites to the informant on 06.12.2018. The complaint is lodged on
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HC-KAR NC: 2025:KHC:37398 CRL.P No. 11503 of 2025
10.05.2025, after an inordinate delay. The reasons for lodging the complaint belatedly is that the petitioner had assured that he will develop the said sites, which was believed by the first informant.
4. It is contended by the learned counsel for petitioner that the allegations in the complaint are civil in nature and after an inordinate delay, false complaint is lodged against the petitioner.
5. The allegations in the complaint have to be proved in due course. The offences alleged are not punishable with death or imprisonment for life. Petitioner has undertaken to co-operate with the investigation of the case. In the facts and circumstances, by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following:
ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.147/2025 registered by Pulakeshinagar Police Station, shall be
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HC-KAR NC: 2025:KHC:37398 CRL.P No. 11503 of 2025
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 furnish proof of his residential address and shall inform the Court, if there is change in the address. c) He shall co-operate with the investigation of the case. 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 RHS List No.: 1 Sl No.: 42