- 1 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104919 OF 2025 (439(Cr.PC)/483(BNSS)-) BETWEEN: 1. SRI. MOHAN K. AGED 49 YEARS, R/O. 19TH WARD, D.NO.12, C/O. NARAYANAPPA, KALASI STREET, RADIO PARK, BELLARY DISTRICT- 583101. 2. SRI. T. RANJITHA KUMAR S/O. T. KRISHNAIAH, AGED: 38 YEARS, R/O. 3RD WARD, GANGABAVANI CAMP, BADANAHATTI, H.B. HALLI TALUK, VIJAYANAGARA DISTRICT- 583212. 3. SRI. RAAVI THIRUMALESH S/O. VENKATANARAYANA, AGED 53 YEARS, R/O. D.NO.101, 1ST WARD, BALAJI NAGAR CAMP, SIRUGUPPA, BELLARY DISTRICT- 583121. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 4. SRI. SANNAPPA REDDY VIJAYA KUMAR S/O. S.P. HANUMANTHAPPA, AGED 61 YEARS, R/O. 24TH WARD, DURGA NILAYAMA, BALAYYA BIDI, NEAR JAMU MASJID STREET, BELLARY DISTRICT- 591106. …PETITIONERS (BY SRI. NANDA SAI DATTU S., ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SUB-INSPECTOR OF POLICE, HADAGALI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD- 580011. …RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NO. 1 TO 4 ON REGULAR BAIL IN CONNECTION WITH CRIME NO. 92/2025 OF HADAGALI P.S. REGISTERED FOR THE OFFENCES P/U/SEC. 406, 419, 465, 468, 420 OF IPC NOW PENDING ON THE FILE OF CIVIL JUDGE AND JMFC HADAGALI IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioners herein are arrayed as accused Nos.1 to 4 seeking regular bail in Crime No.92/2025 for the offences punishable under Sections 406, 419, 465, 468 and 420 of I.P.C. Factual matrix of the case: 2. The case of the prosecution is that, Mr. Biju Chacko, was working as a Manager for Mr. Thamas Vijayan and his brother Mr. Rajan Thamas. It is stated that, they had purchased 97 acres of land situated at Koyilaragatti Village, Hadagali Taluk. The complainant being a Manager was taking care of the entire land. Sometimes, the owners were also visiting the said land. Due to COVID-19, the Manager and the real owners of the properties were unable to visit the land. In the mean time, it is alleged that accused Nos.1 to 4 were created and fabricated the General Power of Attorney (GPA) stated to have been executed by the real owners and get those GPA registered before the Sub-Registrar and on the strength of the said documents, it is - 4 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 stated that the present petitioner have sold the properties to the different persons. Hence, the complaint. 3. Based on the complaint, the respondent – Police have registered a case in Crime No.92/2025 for the offences stated supra. 4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. The complainant being a Manager and the real owners of the properties of which it is stated that the petitioners have obtained General Power of Attorney by the real owners are stated to be created and fabricated. However, those documents are required to be verified. 5. It is further submitted that moreover, the offences alleged against the petitioners are neither punishable by death nor imprisonment for life. The petitioners will abide by the conditions imposed by this Court in the event of their release on bail. Making such submissions, the learned counsel for the petitioners prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 6. Per Contra, the learned High Court Government Pleader for respondent – State, vehemently submitted that huge fraudulent activities have been taken place by the petitioners taking by advantage of real owners were not coming towards the land. The petitioners have sold the properties to different persons and huge amount has been exchanged between the petitioners and the purchasers. Therefore, it is not appropriate to grant them bail. Making such submissions, the learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsels for the respective parties and on perusal of the averments of the complaint, it appears from the record that the petitioners are stated to have created the documents viz., General Power of Attorney and on the strength of the said document they have sold the properties to different purchasers. However, on analyzing the factual matrix of the case, without adverting to the merits of the case, it is appropriate to grant them bail by imposing suitable conditions. Hence, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 ORDER i. The Criminal Petition is allowed. ii. The petitioners are ordered to be enlarged on bail in Crime No.92/2025 of respondent-police for the offence under Sections 406, 419, 465, 468 and 420 of I.P.C, on executing a personal bond for a sum of Rs.1,00,000/- each with one surety each for the like sum to the satisfaction of the Trial Court. iii. The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. iv. The petitioners shall appear before the Trial Court on all hearing dates without fail. v. The petitioners shall not involve in any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:18410 CRL.P No. 104919 of 2025 In case, if the petitioners violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE NM List No.: 1 Sl No.: 50