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2026 DAILYLAW 12772 (KAR)

ALOK KUMAR v. THE STATE OF KARNATAKA

CRL.P/17417/2025 · 2026-02-25

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:11582 CRL.P No. 17417 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17417 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. ALOK KUMAR S/O LATE RAMACHANDRA SINGH AGED ABOUT 48 YEARS R/A No. 109, SINGASANDRA HONUR ROAD, BEGUR HOBLI BENGALURU – 560 068. …PETITIONER (BY SRI GOWDA G A K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PULAKESHINAGAR POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI M R PATIL, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE STATION HOUSE OFFICER OF THE PULAKESHINAGAR P.S. BENGALURU, TO RELEASE THE PETITIONER ON BAIL, IN THE EVENT OF HIS ARREST IN CR.No.27/2025 OF PULAKESHINAGAR P.S., BENGALURU, FOR THE OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11582 CRL.P No. 17417 of 2025 PUNISHABLE UNDER SECTIONS 34, 406, 420, 465, 468 AND 471 OF THE IPC, FOR THE REASONS STATED ABOVE. 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.3 under Section 438 of Cr.P.C to grant anticipatory bail in Crime No.27/2025 of Pulakeshinagar Police Station, registered for offences under Sections 34, 406, 420, 465, 468 and 471 of IPC. 2. Heard learned counsel for the petitioner and learned HCGP for respondent / State. 3. Learned counsel for petitioner would contend that petitioner has not sold any property to accused Nos.1 and 2. The property mentioned in the alleged sale deed bearing Reg.No.3817/2019-20 is not the sale deed executed by this petitioner and it does not pertain to the property of the petitioner and it is by some other person in favour of Canfin Homes Ltd. The bank account number - 3 - HC-KAR NC: 2026:KHC:11582 CRL.P No. 17417 of 2025 mentioned in the complaint with Jana Small Finance Bank does not stand in the name of the petitioner. The petitioner has not committed any offence and is innocent. The Petitioner is ready to co-operate with the IO 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. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the matter is under investigation. The petitioner is required for custodial interrogation. With this he prayed to reject the petition. 5. As per complaint, the allegation is that accused Nos.1 and 2 have availed loan from Canara Bank for purchase of the property and they produced sale deed bearing Reg.No.3817/2019-20 and mortgaged the same under the document bearing Reg.No.3818/2019-20. The loan sanctioned to accused No.1 is stated to have been transferred to the account of the petitioner maintained - 4 - HC-KAR NC: 2026:KHC:11582 CRL.P No. 17417 of 2025 with Jana Small Financial Bank. Accused Nos.1 and 2 have repaid some installments of the home loan and subsequently, they stopped repayment of the loan. The complainant on verification found that false document is created and the accused persons have cheated the bank. 6. The petitioner has produced document No.3817/2019-20 registered with Sub-Registrar Basavanagudi and it does not pertain to accused Nos.1 to 3. Even the document i.e. Memorandum of Deposit of Title Deeds registered under Reg.No.3818/2019-20 also does not pertain to the accused persons. It is the contention of the petitioner that the bank account mentioned in the complaint with Jana Small Finance Bank does not belong to the petitioner and he sought clarification from the said bank with regard to whose name the said account is standing. It is the contention of the petitioner that no amount of any loan by Canara Bank has been credited to the account of the petitioner. The petitioner has undertaken to co-operate with the IO in investigation and - 5 - HC-KAR NC: 2026:KHC:11582 CRL.P No. 17417 of 2025 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. 7. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following: ORDER Petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime No.27/2025 of Pulakeshinagar Police Station, subject to following conditions: (i) Petitioner shall voluntarily appear before Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety to the satisfaction of the Investigating Officer. - 6 - HC-KAR NC: 2026:KHC:11582 CRL.P No. 17417 of 2025 (ii) Petitioner shall appear before Investigating Officer whenever called for and co-operate 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) Petitioner shall appear before the investigating officer on 1st and 3rd Sunday of every month between 10.00 and 2.00 p.m. for a period of one month or till filing of final report, whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 20 Ct.sm