Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10105 CRL.P No. 16542 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16542 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
HARISCHANDRA M MENDON S/O MAHABALA PUTRAN AGED ABOUT 73 YEARS R/AT No.5-143E, NS ROAD INDIRA NIVAS, HEJAMADI POST UDUPI DISTRICT – 574 103. …PETITIONER
(BY SRI JAYANTHA POOJARY, ADVOCATE)
AND:
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STATE OF KARNATAKA BY STATION HOUSE OFFICER PADUBIDRI POLICE STATION UDUPI DISTRICT- 574 111.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (FILED UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN RESPECT OF CR.NO.120/2025 OF PADUBIDRI POLICE STATION FOR THE OFFENCE P/U/S 417,419,420,465,468,471 OF IPC AND SEC.35 OF ADHAR ACT 2016.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10105 CRL.P No. 16542 of 2025
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 the sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 120/2025 of Padubidri Police Station registered for offence under Sections 417, 419, 420, 465, 468, 471 of IPC and Section 35 of Aadhar Act, 2016.
2. Heard
learned counsel for petitioner and learned HCGP for respondent - State.
3.
Learned counsel for petitioner would contend that the allegation in the averments of complaint is that Aadhar card number of the first informant has been used in the sale deed executed in favour of the petitioner. There is no allegation that the property belongs to the first informant. Petitioner has mentioned the Aadhar number of his vendor in the sale deed based on the information given
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HC-KAR NC: 2026:KHC:10105 CRL.P No. 16542 of 2025
by the vendor. Said sale deed has been executed by the petitioner in favour of himself as a GPA holder of the vendor. Said act of the petitioner is a bona fide mistake. Petitioner is ready to rectify the said mistake by getting the correction deed executed, correcting the Aadhar number of his vendor in the sale deed. Petitioner is aged 73 years and he is suffering from age-related ailments. Petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, learned HCGP would contend that petitioner has executed sale deed in his own favour as a GPA holder of the vendor. In the GPA deed also the Aadhar number of the executant is not mentioned. The Aadhar number of the first informant has been misused by
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HC-KAR NC: 2026:KHC:10105 CRL.P No. 16542 of 2025
the petitioner. Petitioner is required for custodial interrogation. With this, he prayed to reject the petition. 5. Having heard learned counsel for the parties, the Court has perused the FIR, complaint and other materials placed on record. 6. One Sri. Krishna Murthy, son of Narayanappa, aged 72 years, resident of Hejamadi Village, had executed GPA dated 09.12.2021 in favour of the petitioner, in respect of his property, bearing survey No. 58/12B, measuring 23 cents, situated in Hejamadi Village. Based on the said GPA, petitioner had executed sale deed in his own favour as a GPA holder of the vendor in respect of the said property by registered sale deed dated 15.12.2021. In the said sale deed Aadhar number of vendor Sri. Krishna Murthy has been mentioned.
Averments in the first information indicate that Aadhar number mentioned in front of the name of Sri. Krishna Murthy is of the first informant. What is the basis for mentioning the Aadhar number of the first informant in the sale deed dated
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HC-KAR NC: 2026:KHC:10105 CRL.P No. 16542 of 2025
15.12.2021 is a matter of investigation. The offence alleged against petitioner is not punishable either with death or imprisonment for life. Petitioner is aged 73 years and he has undertaken to cooperate with Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following;
O R D E R
Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No. 120/2025 of Padubidri Police Station subject to following conditions: I. Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day
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HC-KAR NC: 2026:KHC:10105 CRL.P No. 16542 of 2025
and execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. II. Petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation. III. Petitioner 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 such facts to the Court or to any Police officer or tamper with the evidence. IV. In case of filing of chargesheet, petitioner shall appear before the trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 20 Ct-sm