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2025 DAILYLAW 81654 (KAR)

SRI RAGHUNATH S v. STATE OF KARNATAKA

CRL.P/13530/2025 · 2025-10-16

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41378 CRL.P No. 13530 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13530 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI RAGHUNATH S S/O LATE SRINIVAS AGED ABOUT 60 YEARS R/AT No. 45, 10/A, 3RD MAIN 3RD CROSS, OPPOSITE TO SHARATHCHANDRA APARTMENT SRINIVASA NAGARA KATHRIGUPPA BANGALORE – 560 085. AS PER AADHAAR CARD. 2. SRI VIJAYA KUMAR S S/O LATE SRINIVAS AGED ABOUT 59 YEARS R/AT No. 206/5, NTI LAYOUT NEAR ARAVINDA SCHOOL KODGEHALLI, VIDYARANYAPURA POST BANGALORE -560 097. AS PER AADHAAR CARD. …PETITIONERS (BY SRI MOHAN H S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THIRUMALASHETTIHALLI POLICE STATION, HOSKOTE, BANGALORE RURAL DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:41378 CRL.P No. 13530 of 2025 HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.No.142/2025 ON THE FILE OF RESPONDENT THIRUMALASHETTIHALLI POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 468, 467, 465, 471, 120B, 182, 420 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 1 and 2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant anticipatory bail in crime No. 142/2025 of Thirumalashettihalli Police Station registered for offence punishable under Sections 468, 467, 465, 471, 120B, 182, 420 of IPC. 2. Heard learned Senior counsel for petitioners and learned Additional SPP for respondent – State. - 3 - HC-KAR NC: 2025:KHC:41378 CRL.P No. 13530 of 2025 3. Learned Senior counsel for petitioners would contend that the allegations against the petitioners is that they created documents after the death of their brother – Sri. Sridhar – husband of first informant stating that he died intestate as bachelor and got their names entered to the properties of first informant and when first informant was cleaning the disputed property on 04.07.2025, they are stated to have pushed her and threatened to kill her. The allegation made against the petitioners is based on documents. Petitioners are ready to cooperate with the Police in investigation. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. With this he prayed to grant anticipatory bail to the petitioners. 4. Per contra, learned Additional SPP would contend that the petitioners are brothers of Sri. Sridhar – husband of first informant. They gave false information and got the property standing in the name of Sri. Sridhar entered in their names and threatened the first informant. - 4 - HC-KAR NC: 2025:KHC:41378 CRL.P No. 13530 of 2025 Investigation is in progress. If the petitioners are granted anticipatory bail they will hamper the investigation and tamper the prosecution witnesses. With this she prayed to reject the petition. 5. Having heard learned counsel for the parties, this Court has perused the FIR, complaint and other materials placed on record. 6. Petitioners are the two brothers of one Sri. Sridhar – husband of first informant. The accusation against these petitioners in the first information is that they gave false information that Sri. Sridhar died intestate as a bachelor and got their names entered to the property of Sri. Sridhar and threatened first informant – wife of Sri. Sridhar when she was cleaning the disputed property. The entire case of complainant is based on documents. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. Whether the petitioners have given false information, created forged and fabricated documents is a matter of investigation and - 5 - HC-KAR NC: 2025:KHC:41378 CRL.P No. 13530 of 2025 trial. Petitioners have undertaken to abide by the conditions to be imposed by this Court. Petitioners have made out a case for grant of anticipatory bail with conditions. 7. In the result, the following; O R D E R Petition is allowed. Petitioners are ordered to be released on bail in the event of their arrest in crime No. 142/2025 of Thirumalashettihalli Police Station, subject to the following conditions. I. Petitioners – accused Nos. 1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. II. Petitioners – accused Nos. 1 and 2 shall appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety. - 6 - HC-KAR NC: 2025:KHC:41378 CRL.P No. 13530 of 2025 III. Petitioners – accused Nos. 1 and 2 shall cooperate with the Police in the investigation. IV. Petitioners – accused Nos. 1 and 2 shall appear before the Investigating Officer whenever called for interrogation. V. Petitioners – accused Nos. 1 and 2 shall not tamper the prosecution witnesses directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 20 Ct.sm