- 1 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 439 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SRI. VASANTH KUMAR S/O YOGANNA, AGED ABOUT 45 YEARS, RESIDING AT 3-78D, SAANVI NIDHI , SANKESH SHAMILI PU COLLGE, KIDIYOOR VILLAGE, UDUPI TALUK, UDUPI DISTRICT – 576 103. …PETITIONER (BY SRI. THANOJ KUMAR.,ADVOCATE) AND: STATE OF KARNATAKA Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 BY KUNDAPURA POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CR.NO.112/2025 OF KUNDAPURA P.S. FOR THE OFFENCE P/U/S. 465, 468, 471, 420, 34 OF THE IPC, PENDING ON THE FILE OF HONBLE 1ST ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDAPURA UDUPI DISTRICT AND PASS SUCH OTHER ORDERS OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner/accused No.2 is before this Court seeking for grant of anticipatory bail in Crime No.112/2025 of respondent-police for the offence under Sections 465, 468, 471, 420 r/w 34 of the Indian Penal Code, 1860. Brief facts of the case: 2. The case of the prosecution is that, accused No.1 had pledged the documents to the complainant-bank and obtained a loan of Rs.55,00,000/-. It is further alleged that the accused No.1 knew that he had not cleared the loan and obtained a No-objection certificate, has sold the property to accused No.2 by using the forged documents. Hence, the complaint. Based on the complaint, the respondent Police have registered the case, and the investigation is in progress. 3. Heard Sri.Shrivatsa, learned counsel for the petitioner and Smt.Anitha Girish N., learned High Court Government Pleader for respondent-State. - 4 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences. He is a bona fide purchaser of the property, and he has paid the stamp duty and also the amount to the accused No.1. In fact, he has been deceived by the accused No.1 5. The Petitioner is a permanent resident of Kidiyoor Village, Udupi Taluk. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent-State vehemently submitted that accused Nos. 1 and 2 are in furtherance of a common intention to deceive the bank, got registered the sale deed, though they knew that the accused No.1 had already obtained a loan on the same property. 7. It is submitted that a huge amount of public money is involved in this case. A detailed investigation is required. Therefore, it is appropriate to reject the bail petition. Making such submissions, he prays to reject the petition. - 5 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 8. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it would indicate that accused No.1 had borrowed a loan from the complainant-bank for a sum of Rs.55,00,000/- and deposited the title deeds by way of mortgage. The said mortgage has been duly executed before the Sub-Registrar. The said Mortgage has not been redeemed. However, the accused No. 1 has sold the property to the petitioner without clearing the loan to the bank. It appears that the petitioner has purchased the property on payment of valid consideration. 9. Be that as it may, having considered the facts and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.112/2025 of respondent-police, on - 6 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute a personal bond and also to furnish surety. (iv) The petitioner shall co-operate with the investigation till the filing of the charge sheet. (v) The petitioner shall not threaten or tamper with the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vii) The petitioner shall not commit any criminal cases till disposal of the case. - 7 - HC-KAR NC: 2026:KHC:15944 CRL.P No. 439 of 2026 In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 25