- 1 - HC-KAR NC: 2025:KHC:31396 CRL.P No. 10190 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10190 OF 2025 BETWEEN: SRI. DHARANESHWAR @ JAYARAM @ SURESH @ CHANDRABABU S/O LATE SATHYAPPA, AGED ABOUT 54 YEARS, R/AT NO.5/5, KORAMARA COLONY, MYSURU-570 019. CURRENTLY R/AT SY.NO.258/7, BEHIND SHANIMAHATMA TEMPLE, HANCHYA VILLAGE, RAMMANAHALLI POST, MYSORE-570 019. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY VIJAYANAGARA P.S., MYSURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.40/2021 (ARISING OUT OF PCR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31396 CRL.P No. 10190 of 2025 NO.17/2021) OF THE RESPONDENT NO.1 VIJAYANAGARA POLICE STATION, MYSORE FOR THE OFFENCES P/U/S 419, 420, 34 OF IPC PENDING ON THE FILE OF THE V JMFC COURT AT MALALAVADI, MYSORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition seeking regular bail is filed by accused No.1 in Crime No.40/2021 of Vijayanagar Police Station, Mysuru City, registered for the offence punishable under Section 419, 420 r/w 34 of IPC. 2. The aforementioned Crime is registered on the basis of a private complaint filed before the learned JMFC, Mysuru in PCR No.17/2021, which was referred to Police for investigation. 3. The gist of the complaint averments are that the complainant was interested to buy a plot in Mysuru and the accused by name T.Uday Kumar and Makbal Ahmed acting as brokers, sold a plot No.247, MIG, E- - 3 - HC-KAR NC: 2025:KHC:31396 CRL.P No. 10190 of 2025 Block, 3rd Stage, Vijayanagara, Devaraja Mohalla, Mysuru City, for a sale consideration of Rs29,00,000/-. The complainant paid Rs.25,00,000/- and got registered the sale agreement on 13.12.2017 with a condition that another sum of Rs.4,00,000/- shall be paid by him on production of title deed by the owner. Even after two years, the accused did not produce the title deed, inspite of many reminders and when the complainant verified with MUDA authorities, he found that all the documents produced are fake and prepared illegally. 4. It is further alleged in the complaint that the complainant approached the registration Department and collected the copy of Aadhar card and found that it is also fake and accused No.1 by name Dharaneshwara, i.e., the petitioner had withdrawn the HDFC Bank Cheque amounting to Rs.5,00,000/- through Mysuru Merchants Co-operative Bank. 5. Allegations are also made that accused No.2 by name Uday Kumar has taken two cheques namely Cheque - 4 - HC-KAR NC: 2025:KHC:31396 CRL.P No. 10190 of 2025 No.777021 for Rs.5,00,000/- and Cheque No.77702 for Rs.8,00,000/-. Accused No.3 by name Makbal Ahmed had taken a cheque No.777023 for Rs.8,00,000/-. 6. It is alleged, petitioner arraigned as accused No.1 by impersonating himself as the owner of the plot in question, created forged Aadhar card and other documents and got registered a sale agreement in favour of the complainant and all the accused colluding with each other, received a total sum of Rs.26,00,000/- and cheated the complainant. 7. Additional SPP has opposed the petition. She contended that accused No.3 is not arrested and therefore, further investigation is pending. 8. The transaction, as per FIR, is between 13.12.2017 and 18.12.2020. The Crime is registered on 01.03.2021. Petitioner was arrested on 10.06.2025 and he is in custody since then. Investigation is completed and charge sheet is filed. Allegations against the petitioner - 5 - HC-KAR NC: 2025:KHC:31396 CRL.P No. 10190 of 2025 have to be established during trial. The offences alleged are not punishable with death or imprisonment for life. Accused No.2 is already enlarged on bail. 9. In the facts and circumstances, petitioner can be admitted to bail by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.1 is ordered to be released in Crime No.40/2021 of Vijayanagar Police Station, Mysuru City, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. - 6 - HC-KAR NC: 2025:KHC:31396 CRL.P No. 10190 of 2025 3. He shall appear before the I.O. for further investigation of the case if any within a period of 10 days from the date of his release and shall cooperate with the investigation. 4. He shall not directly or indirectly tamper with the prosecution witnesses. 5. He shall not indulge himself in committing any offence. 6. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 75