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2026 DAILYLAW 12781 (KAR)

PRASAD.K.S, v. STATE OF KARNATAKA

CRL.P/15907/2025 · 2026-02-19

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10336 CRL.P No. 15907 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. 15907 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: PRASAD.K.S, S/O KRISHNAPPA, AGED ABOUT 39 YEARS, R/AT NO.36/05/36, 8TH CROSS, PAPAREDDYPALYA, NAGARABHAVI 2ND STAGE, BANGALORE NORTH - 560 072. …PETITIONER (BY SRI. LOKESHA M., ADVOCATE) AND: STATE OF KARNATAKA REP BY CCB EOW POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 01. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE AND I A.C.J.M., BENGALURU TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.26/2024 AND IN C.C.NO.29424/2025 FOR AN OFFENCES PUNISHABLE UNDER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10336 CRL.P No. 15907 of 2025 SECTIONS 406, 418, 420, 465, 468, 471, 114, 384 AND 120(b) READ WITH SECTION 34 OF IPC, 1860 IN THE ABOVE CASE. 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.10 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.26/2024 of CCB (EOW) Police Station, pending in C.C.No.29424/2025 on the file of I Additional Chief Judicial Magistrate, Bengaluru, registered for offences punishable under Sections 406, 418, 420, 465, 468, 471, 114, 384 and 120(b) read with Section 34 of Indian Penal Code. 2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State. - 3 - HC-KAR NC: 2026:KHC:10336 CRL.P No. 15907 of 2025 3. Learned counsel for petitioner would contend that, he has affixed the signature as witness to the Gift Deed executed by accused No.7 in favour of his son - accused No.1. The amount received by this petitioner in a sum of Rs.5,00,000/- plus Rs.5,00,000/- is the amount he lent to accused No.6 and it is repaid through accused No.1. The petitioner is not witness to any of the Sale Deeds executed in favour of accused Nos.2 to 4. Accused Nos.1, 5 and 6 have been granted bail by the Magistrate. Now, the charge sheet has been filed and therefore the petitioner is not required for custodial interrogation. The offences against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, accused No.1 is a rowdy sheeter. This petitioner has affixed his signature as witness to the Gift Deed created by accused - 4 - HC-KAR NC: 2026:KHC:10336 CRL.P No. 15907 of 2025 Nos.1 and 7 in respect of property belonging to C.W.3 - Smt. Vimala. The petitioner has got the benefit of Rs.5,00,000/- plus Rs.5,00,000/- transferred to his account by accused No.1. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, he prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. 6. On perusal of the charge sheet, the accusation against this petitioner is that he has affixed his signature as a witness to the Gift Deed executed by accused No.7 in favour of his son - accused No.1 in respect of property bearing site Nos.15 and 16 which were not belonging to accused No.7 and inconsequence he has received Rs.5,00,000/- plus Rs.5,00,000/- to his account from accused No.1. Now, the charge sheet has been filed and - 5 - HC-KAR NC: 2026:KHC:10336 CRL.P No. 15907 of 2025 therefore the petitioner is not required for custodial interrogation. 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 all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.26/2024 of CCB (EOW) Police Station, pending in C.C.No.29424/2025 on the file of I Additional Chief Judicial Magistrate, Bengaluru and is ordered to be released on bail in the event of his arrest, subject to following conditions: i) The petitioner shall voluntarily appear before the jurisdictional Court within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the - 6 - HC-KAR NC: 2026:KHC:10336 CRL.P No. 15907 of 2025 like-sum to the satisfaction of the jurisdictional Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii) The petitioner shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 28