- 1 - HC-KAR NC: 2025:KHC:45201 CRL.P No. 13983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13983 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SMT PRABHA D SOUZA D/O.VINCENT FERRAVO AGED ABOUT 42 YEARS, R/O.D.NO.2-99, KALKATTA MANGALANTHI, MANJANADY-574 237 MANGALORE, D.K.DISTRICT. …PETITIONER (BY SRI. HARISH N.R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALORE SOUTH POLICE STATION REPRESENTED ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SMT.RASMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE SUB INSPECTOR OF POLICE, MANGALURU SOUTH POLICE STATION TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN RESPECT OF CRIME NO.155/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 465, 467, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45201 CRL.P No. 13983 of 2025 468, 471 OF IPC PENDING BEFORE 2nd ADDL SENIOR CIVIL JUDGE AND CJM COURT, MANGALURU CITY BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.155 of 2025 of Mangalore South Police Station registered for the offences punishable under Sections 465, 467, 468 and 471 of IPC. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. 3. The learned counsel for the petitioner would contend that, the petitioner/accused No.2 has taken care of accused No.1 when she was unwell as she was not having any children, and with regard to the said service rendered by this petitioner, accused No.1 has executed a - 3 - HC-KAR NC: 2025:KHC:45201 CRL.P No. 13983 of 2025 gift deed in favour of this petitioner. The petitioner is not aware whether the accused No.1 has created a fake General Power Attorney (GPA). The entire case of the prosecution is based on documents. The first informant had filed a suit in April, 2025 challenging the said gift deed etc., and thereafter, filed a complaint in July, 2025. The subject matter of the complaint is involved in the civil suit. The petitioner is ready to cooperate with the police in investigation. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, this petitioner is not a daughter of accused No.1. The petitioner has accepted the gift deed as a daughter of accused No.1, and the same has been mentioned in the gift deed. There is involvement of this petitioner in - 4 - HC-KAR NC: 2025:KHC:45201 CRL.P No. 13983 of 2025 commission of the alleged offences. With this, she prayed for rejection of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. As per the averments of the complaint, accused No.1 has created a fake GPA stated to have been executed by father and uncle of the first informant and got executed release deed, and subsequently executed the gift deed in favour of the petitioner/accused No.2 stating that, she is the daughter of accused No.1. The allegation against this petitioner is even though she is not the daughter of accused No.1, she has accepted the gift deed wherein she has been mentioned as the daughter of accused No.1. The entire case of the prosecution is based on documents. Moreover, the civil suit filed by the first informant challenging the said gift deed executed in favour of this petitioner is pending in civil suit. The petitioner is ready to - 5 - HC-KAR NC: 2025:KHC:45201 CRL.P No. 13983 of 2025 cooperate with the police in investigation and abide by any terms and conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either death or imprisonment for life. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of her arrest in Crime No.155/2025 of Mangalore South Police Station registered for the offences punishable under Sections 465, 467, 468 and 471 of IPC subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety - 6 - HC-KAR NC: 2025:KHC:45201 CRL.P No. 13983 of 2025 for the like sum to the satisfaction of Investigating Officer/jurisdictional Trial Court. b) The petitioner shall voluntarily appear before the Investigating Officer/jurisdictional Court within fifteen days from this day and execute bail bond and furnish surety. c) The petitioner shall co-operate for further investigation, if any. d) The petitioner shall attend the Trial Court on all dates hearing, unless exempted and co- operate for speedy disposal of the case. e) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 14