- 1 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.783 OF 2026(438(Cr.PC)/ 482(BNSS)) BETWEEN: ABHIJITH RAJKUMAR DHANASHETTI, S/O. RAJKUMAR DHANASHETTY, AGED ABOUT 28 YEARS, OCC: BUSINESS, R/O D.NO.1913/9, 4TH MAIN, NUTAN COLLAGE ROAD, SWAMY VIVEKANANDA BADAVANE, DAVANAGERE-577 005. …PETITIONER (BY SRI. P.B. UMESH, ADVOCATE) AND: THE STATE OF KARNATAKA BY GANDHI NAGAR POLICE STATION, AZAD NAGAR CIRCLE, DAVANAGERE -577 001. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001). …RESPONDENT (BY SRI. ANITHA GIRISH. N, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE CONCERNED POLICE OF GANDHI NAGAR POLICE STATION, DAVANAGERE TO ENLARGE THE PETIIONER ON BAIL IN CRIME NO.117/2025 OF GANDHI NAGAR POLICE STATION, DAVANAGERE (REGISTERED FOR THE OFFENCES P/U/S 316(2),318(2),318(4),340(2) OF BNS 2023 (CORRESPONDING PROVISIONS: SECTION 406,417,420,471 IPC) NOW PENDING ON THE FILE OF THE 4TH ADDITIONAL CIVIL JUDGE AND JMFC COURT, DAVANAGERE DISTRICT, DAVANAGERE) IN THE EVENT OF THE ARREST WITH SUCH CONDITIONS WHICH THIS HON'BLE HIGH COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCE OF THE CASE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 ORAL ORDER 1. The present petitioner is the sole accused in Crime No.117/2025 of Gandhi Nagar Police Station, Davanagere registered for the offences punishable under Sections 316(2), 318(2), 318(4), 340(2) of Bharatiya Nayay Sanhita, 2023. 2. The case of the prosecution is that a complaint came to be lodged by Manjunath G., stating that, he is the resident of S S Layout, A Block, Davanagere City, Davanagere. It is stated that he had entered into an agreement of sale with the petitioner in respect of property bearing Sy.No.75/1 and site No.11 on payment of Rs.35,00,000/-. The said agreement of sale has been duly registered on 12.03.2024 before the Sub-Registrar at Davanagere. 3. It is further alleged that the petitioner herein had executed sale deed on 24.01.2025 to one Sunil Kumar S/o Kalleshappa of the same property of which, the - 4 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 complainant had entered into an agreement of sale without get the registered agreement of sale cancelled. Hence, the complaint. 4. The submission of the learned counsel for the petitioner is that, the matter is of civil in nature. The remedy would be available to the complainant in a different forum to enforce the said sale agreement. The petitioner has executed the sale deed after a lapse of one year from the date of the execution of agreement of sale with the complainant. 5. It is further submitted that the allegations made against the petitioner is only to harass and to intimidating him. The petitioner is a permanent resident of the address stated in the cause-title. Moreover, the alleged offences are neither punishable with death nor imprisonment for life. All the offences are exclusively triable by the Magistrate. Hence, he may be enlarged on bail by imposing suitable conditions. He will abide the conditions - 5 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 imposed by this Court in the event of his release on bail. Making such submissions, learned Counsel for the petitioner prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner had intention to deceive the complainant. Therefore, he had entered into an agreement of sale. Thereafter, without canceling the earlier agreement of sale, he had executed the sale deed in favour of another person. The detailed investigation is required to be carried out by the Investigating Officer. Hence, it is not appropriate to grant anticipatory bail. Making such submissions, learned High Court Government Pleader for state prays to reject the petition. 7. Heard the learned counsel for the respective parties and perused the averments of the complaint, which clearly indicates that the averments of the complainant relating to breach of contract entered into between the - 6 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 parties. Breach of contract simplicitor cannot be termed as a criminal breach of trust or cheating. After having gone through the averments of the complaint, it is appropriate to grant bail by imposing suitable conditions that would take care of the apprehension of the prosecution. 8. 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.117/2025 of Gandhi Nagar Police Station, Davanagere registered for the offences punishable under Sections 316(2), 318(2), 318(4), 340(2) of Bharatiya Nayay Sanhita, 2023 on executing personal bond in a sum of Rs.1,00,000/- 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 - 7 - HC-KAR NC: 2026:KHC:14234 CRL.P No. 783 of 2026 one month from today to execute personal bond and also to furnish surety. iv) The petitioner shall co-operate with investigation till filing of the charge sheet. v) The petitioner shall not threaten or tamper 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. (vi) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 41