- 1 - HC-KAR NC: 2025:KHC:27108 CRL.P No. 9542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9542 OF 2025 BETWEEN: SRI MAHADEVA @ BENKI MAHADEVA S/O THAMMEGOWDA AGED ABOUT 48 YEARS R/AT KALAMMANA KOPPALU VILLAGE, SALIGRAMA TALUK MYSURU DISTRICT - 571 604. …PETITIONER (BY SRI SHIVANANJAPPA, ADV.) AND: THE STATE OF KARNATAKA BY SALIGRAMA POLICE STATION SALIGRAMA TALUK MYSURU DISTRICT - 571 604 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER (ACCUSED) ON BAIL IN CONNECTION WITH CRIME NO.106/2021 BY THE SALGRAMA POLICE STATION FOR THE ALLEGED OFFENCE P/US 318(4),319(1),318(2),336(2) AND 61(2) R/W SEC.190 OF BNS 2023 PENDING ON THE FILE OF THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27108 CRL.P No. 9542 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.98/2025 registered by Saligrama Police Station, Mysuru District for the offences punishable under Sections 318(4), 319(1), 318(2), 336(2) and 61(2) R/w Section 190 of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.98/2025 was registered by Saligrama Police Station, Mysuru District against Subbegowda and others on the basis of first information dated 14.04.2025 received from Sri K.S Rajegowda S/o Subbegowda. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5104/2025, which was rejected on 23.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is a bonafide purchaser of the land in - 3 - HC-KAR NC: 2025:KHC:27108 CRL.P No. 9542 of 2025 question from accused No.1 as against whom there is an allegation of impersonating deceased Subbegowda, who is the father of the first informant. Accused No.1, who was arrested has been granted regular bail. Accused Nos.3 and 4 have been granted anticipatory bail by this Court. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the bail petition however does not dispute the submission made by learned counsel for the petitioner. 6. In the first information submitted by K.S. Rajegowda s/o Late Subbegowda, it is stated that his father late Subbegowda has purchased land bearing survey No.24/1 measuring 1 acre 9 guntas and after his death he had succeeded to the said property. The allegation in the first information is that accused No.1 by impersonating as the owner of the aforesaid property had executed sale deed in respect of the said property in favour of accused No.2 for a sale consideration of Rs.4,90,000/- on 13.03.2025. - 4 - HC-KAR NC: 2025:KHC:27108 CRL.P No. 9542 of 2025 7. Accused Nos.3 and 4 are the deed writer and attesting witness of the deed and they have been granted anticipatory bail by this Court in Crl.P.No.6975/2025. Accused No.1 is the person, who had impersonated late Subbegowda and had executed aforesaid sale deed in favour of the petitioner. Accused No.1, who was arrested in the present case has been granted regular bail by the jurisdictional Court of Magistrate in Crime No.98/2025. The petitioner, who has no criminal antecedents claims to be a bonafide purchaser of the property. He has undertaken to cooperate with the police for the purpose of investigation. 8. Considering the aforesaid aspects of the matter, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. 9. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:27108 CRL.P No. 9542 of 2025 ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.98/2025 registered by Saligrama Police Station, Mysuru District for the offences punishable under Sections 318(4), 319(1), 318(2), 336(2) and 61(2) R/w Section 190 of BNS, 2023 subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing 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/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate - 6 - HC-KAR NC: 2025:KHC:27108 CRL.P No. 9542 of 2025 with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS