- 1 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11793 OF 2025 C/W CRIMINAL PETITION NO. 10645 OF 2025 CRIMINAL PETITION NO. 10671 OF 2025 CRIMINAL PETITION NO. 10914 OF 2025 IN CRL.P No. 11793/2025 BETWEEN: HANUMANTHARAJU S/O LATE MALLAIAH, AGED ABOUT 36 YEARS, R/AT MARIGENAPALYA VILLAGE, HULIKUNTE POST, DODDABALLAPURA TALUK, BENGALURU RURAL-561 204 …PETITIONER (BY SRI. YASHAS K., ADVOCATE) AND: STATE BY AMRUTHAHALLY POLICE STATION, AMRUTHNAGAR MAIN ROAD, SECTOR B AMRUTH NAGAR, BENGALURU-560 024. REPRESESNTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.172/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 127(2), 310(2) AND 74 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 BY THE AMRUTHAHALLI POLICE STATION PENDING ON THE FILE OF 41ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. IN CRL.P NO. 10645/2025 BETWEEN: MR. AYAN NAGPAL S/O LATE MR. TRIVENDER NAGPAL, AGED ABOUT 34 YEARS, #90, I FLOOR, BELLARY ROAD, BYATARAYANAPURA, BELLARY ROAD, BENGALURU, PIN CODE-560 092. ...PETITIONER (BY SRI. V. RENJITH SHANKAR, ADVOCATE) AND: STATE BY AMRUTHAHALLY POLICE STATION, BENGALURU. REPRESESNTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PRINCIPAL BENCH AT BENGALURU, HIGH COURT BUILDING, PIN CODE-560 001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THAT THE PETITIONER MAY BE RELEASED ON BAIL, IN THE EVENT OF THE ARREST OF THE PETITIONER, IN CONNECTION WITH CRIME NO.172/2025 OF AMRUTHAHALLI POLICE STATION WHICH IS REGISTERED U/S - 3 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER 127(2), 310(2) AND 74 OF THE BNS ACT, 2023 (ANNEXURE-A) AND IS PENDING BEFORE THE MAGISTRATE OF THE 41ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE’S COURT, BENGALURU CITY, BENGALURU (TRIAL COURT). IN CRL.P NO. 10671/2025 BETWEEN: MR. ARUSH NAGPAL S/O LATE MR. TRIVENDER NAGPAL, AGED ABOUT 34 YEARS, #90, I FLOOR, BELLARY ROAD, BYATARAYANAPURA, BELLARY ROAD, BENGALURU PIN CODE-560 092. ...PETITIONER (BY SRI. V. RENJITH SHANKAR, ADVOCATE) AND: STATE BY AMRUTHAHALLY POLICE STATION, BENGALURU. REPRESESNTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PRINCIPAL BENCH AT BENGALURU, HIGH COURT BUILDING, PIN CODE-560 001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THAT THE PETITIONER MAY BE RELEASED ON BAIL, IN THE EVENT OF THE ARREST OF THE PETITIONER, IN CONNECTION WITH CRIME NO.172/2025, OF AMRUTHAHALLI POLICE STATION WHICH IS REGISTERED U/S 127(2), 310(2) AND 74 OF THE BNS ACT, 2023 (ANNEXURE-A) AND IS PENDING BEFORE THE MAGISTRATE OF THE 41ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE’S COURT, BENGALURU CITY, BENGALURU (TRIAL COURT). - 4 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER IN CRL.P NO. 10914/2025 BETWEEN: MR. B.R. JAGADEESH S/O LATE MR. RAMAKRISHNAIAH, AGED ABOUT 51 YEARS, #82, H ROAD, IDEAL HOMES TOWNSHIP, RAJARAJESWARI NAGAR, BENGALURU, PIN CODE-560 098. ...PETITIONER (BY SRI. V. RENJITH SHANKAR, ADVOCATE) AND: STATE BY AMRUTHAHALLY POLICE STATION, BENGALURU. REPRESESNTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, PRINCIPAL BENCH AT BENGALURU, HIGH COURT BUILDING, PIN CODE-560 001. ...RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THAT THE PETITIONER MAY BE RELEASED ON BAIL, IN THE EVENT OF THE ARREST OF THE PETITIONER, IN CONNECTION WITH CRIME NO.172/2025, OF AMRUTHAHALLI POLICE STATION WHICH IS REGISTERED U/S 127(2), 310(2) AND 74 OF THE BNS ACT, 2023 (ANNEXURE- A), CAUSE TITLED, STATE BY AMRUTHAHALLI PS V JAGADEESH & ORS, AND IS PENDING BEFORE THE MAGISTRATE OF THE 41ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE’S COURT, BENGALURU CITY, BENGALURU (TRIAL COURT). - 5 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These petitions are preferred by accused 1 to 4 under Section 482 of BNSS, 2023, seeking relief of anticipatory bail in Crime No.172/2025 registered at Amurthahally Police Station, for the offence Punishable under Sections 127(2), 310(2) and 74 of BNS, 2023. FIR has been registered against four named persons i.e., present petitioners and other four unnamed persons. 2. The complaint is lodged on 17.07.2025 by one Murthy Nayka B.L. S/o Lachanaik, alleging that on 08.04.2025, he purchased an agricultural land measuring 03 acres 31.08 guntas situated in Sy.No.93/1 (old Sy.No.93) of Katti Hosahalli village, Doddaballapur Taluk, Bengaluru Rural District, for a total consideration of Rs.4 crores. Accused Nos.1 and 2 (petitioners) who were acquainted with him through real estate business, assured him - 6 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER that they could sell the land for higher price. Accordingly, on 24.06.2019, he executed a registered sale deed in favour of one Dhruv Jalan, Proprietor of “Agro Company,” for a total consideration of Rs.6.4 Crores. Out of the said sale amount, Rs.1.9 Crores was paid in cash and Rs.1.5 Crores by cheque at the time of registration, while the balance amount was agreed to be paid subsequently. It is alleged that, on 07.07.2025 at 10.30 a.m., accused Nos.1 and 2 called the complainant to come near the office of Argo Company at Bettarayyanapura, on the pretext of settling the balance amount. When he arrived with his friend Vinu, they found accused Nos.1 and 2 present along with some other persons. They allegedly took them to the 1st floor of the building, tied their hands and legs and demanded repayment of money alleging that the land sold by him was not genuine and accused Nos. 3 and 4 assaulted them with hands and legs. The complainant told them that the sale consideration amount is kept in his house. It is further alleged, accused No.1 along with two - 7 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER others trespassed into his house, where they allegedly misbehaved with his wife, threatened her and took away about Rs.1.90 crores along with gold ornaments worth Rs.25 lakhs, cheques and passbooks. Further, alleged that complainant’s wife and minor daughter were also brought to the said premises and were threatened under dire consequences. Meanwhile, complainant’s friend Vinu was taken away by some of the accused to his house in order to extort money, but he managed to escape and informed the police through emergency number 112 and the police arrived at about 7.00 p.m. rescued the complainant, his wife and daughter, and thereafter brought them to the police station. 3. Heard learned Counsel appearing for petitioners, learned High Court Government Pleader for the State and perused the material on record. 4. The learned Counsel appearing for Petitioners have contended that, the present complaint in Crime No.172/2025 is a counterblast to Crime No.95/2025 at - 8 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER Doddaballapura Police Station, lodged earlier on 17.07.2025 at 11.30 a.m., by one Vippan Sareen S/o Mangal ain Sareen. In the said crime, the present complainant, his wife and his friend Vinu are arrayed as accused Nos.1, 7 and 2 respectively, for offences relating to fraudulent sale of properties including Sy. Nos.93/1 and 99 in favour of ‘AgroCrop Landbase Pvt. Ltd.’, represented by Dhruv Jalan and Arush Nagpal (petitioner/accused No.3). It is contended that complainant has set up the present case only as an afterthought to escape liability in the earlier crime. 5. The learned Counsel appearing for petitioners further urged that there is an unexplained delay in lodging the present complaint. As per the complaint averments, the alleged incident took place on 07.07.2025, but the FIR came to be registered only on 17.07.2025 at 8.15 p.m., nearly ten days later, and no cogent explanation has been offered except that complainant consulted advocates and family members, which is not a justifiable ground. It is - 9 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER emphasized that, complainant and is friend, both being advocates by profession, were well aware of their legal remedies and also it is alleged in the complaint that, complainant and his family were rescued by the police on the same day through Emergency No.112, there was no occasion for such belated registration of FIR. 6. Learned Counsel contended that petitioners are innocent and they are falsely implicated only on account of their association as witnesses to the sale transaction or as representatives of the purchaser-company. The allegations, even if accepted on their face value, are improbable, concocted and motivated by malice. Learned counsel emphasized that petitioners are entitled to the presumption of innocence, there is no prima facie material to attract the ingredients of the alleged offences, which are non-bailable but are not punishable with death or life imprisonment. 7. It is further contended that petitioners are permanent residents with deep roots in society, having no - 10 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER criminal antecedents, and there is no likelihood of their absconding or tampering with prosecution witnesses. They are willing to co-operate with the investigation and abide by any stringent conditions imposed by this Court. 8. Per contra, learned HCGP has contended that, the investigation is still under progress and the charge sheet is yet to be filed. At this stage, if the petitioners are enlarged on bail, there is likelihood that they may tamper with the prosecution case. Custodial interrogation of the petitioners is essential in view of the gravity of the allegations and the magnitude of the financial transaction involved. 9. It is further contended that there exists a civil dispute between the parties, namely the accused persons, the complainant and the original land owner. The original owner has already filed a complaint against accused No.3 and the complainant in Crime No.95/2025. In addition, the Agro Company has filed a separate complaint in Crime No.175/2025. Thus, multiple cases are pending between - 11 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER the parties, and the involvement of the petitioners in other disputes shows their propensity to misuse the process of law. 10. It is further contended that the allegations in the present complaint are of serious nature. The offences alleged are punishable with imprisonment for life or with rigorous imprisonment which may extend to ten years with fine. Considering the gravity of the offence, the magnitude of the financial transactions involved, and the nature of allegations, it is submitted that no exceptional grounds are made out for grant of anticipatory bail. Hence, the petitions are liable to be rejected. 11. On perusal of the material placed on record, it is evident that the FIR is registered against four named accused persons and others. The complainant had executed a registered sale deed dated 24.6.2025 in respect of land bearing Survey No.93/1, measuring 3 acres 31.08 guntas situated at Kathihosahalli Village, Doddaballapur Taluk, in favour of one Dhruv Jalan for a - 12 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER consideration of Rs.4 Crores and on the very same day, the complainant’s friend, one Vinu, executed a registered sale deed in respect of land bearing Survey No.99, measuring 2 acres situated at Kathihosahalli Village, Doddaballapur Taluk, in favour of accused No.3 representing AgroCrop Landbase Pvt. Ltd. for a sale consideration of Rs.1 Crore, wherein in both the sale deeds, accused Nos.1 and 2 are the witnesses. It is argued by the learned counsel for petitioners that, the sale deed placed on record prima facie acknowledges full payment of the sale consideration at the time of registration and therefore, argued the complaint averments that accused no.1 and 2 called the complainant on 07.07.2025 to settle the balance amount leading to alleged confinement and assault etc., are false. 12. It transpires from the record that the original owner, namely, one Vippan Sareen, has lodged a complaint in Crime No.95/2025 at Doddaballapura Police Station on 17.07.2025 against the present complainant, - 13 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER his wife and his friend, who have been arraigned as accused nos.1, 7 and 2 respectively. It is significant to note that the said complaint was lodged at 11.30 a.m., whereas the present complaint in Crime No.172/2025 came to be lodged on the same day at 8.15 p.m., thereby giving rise to a prima facie inference that the present complaint is a counterblast to the earlier proceedings. 13. The delay in lodging the complaint also raises doubt on the veracity of the allegations. Though the alleged incident is said to have occurred on 07.07.2025, the complaint was lodged only on 17.07.2025. Even though the complainant has offered an explanation for such delay, the same does not appear to be reasonable, more so the complainant himself is an advocate. Further, another complaint in Crime No.175/2025 has been lodged by one Duke Devaiah on behalf of AgroCrop Company on 19.07.2025 at Amruthahalli Police Station, wherein the present complainant, his wife and friend have been arraigned as accused persons. - 14 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER 14. In addition to the above, a Civil Suit in O.S.No.934/2025 is also pending before the Court of the Senior Civil Judge, Doddaballapura, between the original owner and the present complainant and others with respect to the very same properties. If these facts are taken together, prima facie indicate that the dispute between the parties predominantly arises out of property transactions and bears a civil flavor. Petitioners have undertaken to co-operate with the investigation and to furnish sufficient sureties. 15. Having regard to the overall circumstances, this Court is of the opinion that custodial interrogation of the petitioners is not warranted at this stage. The apprehension of arrest expressed by the petitioners can be met by granting them the relief of anticipatory bail, subject to appropriate conditions. Hence, the following: ORDER i. Petitions are allowed. - 15 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER ii. Petitioners namely accused Nos.1 to 4 in Cr.No.172/2025 of Amruthahally Police Station, Bengaluru City, registered for the offence punishable under Section 127(2), 310(2) and 74 of BNS, 2023 shall be released, in the event of their arrest, subject to following conditions: a) They shall appear before the Investigating Officer within 10 days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each, with two sureties for the likesum. b) They shall furnish proof of their residential address/contact number and shall inform the I.0. in case of change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They 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 - 16 - HC-KAR NC: 2025:KHC:34643 CRL.P No. 11793 of 2025 C/W CRL.P No. 10645 of 2025 CRL.P No. 10671 of 2025 AND 1 OTHER such facts to the Court or to any police officer or tamper with the evidence. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 42