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2026 DAILYLAW 21278 (KAR)

MAHADEVASHETTY v. STATE OF KARNATAKA BY

CRL.P/2398/2026 · 2026-06-12

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2398 OF 2026 C/W CRIMINAL PETITION NO. 2447 OF 2026 IN CRL.P NO. 2398/2026: BETWEEN: 1. MAHADEVASHETTY S/O. SIDDASHETTY, AGED ABOUT 58 YEARS, R/AT CHIKKAMOLE VILLAGE, CHAMARAJANAGARA - 571 127. 2. ANKASHETTY, S/O. LATE SIDDASHETTY, AGED ABOUT 53 YEARS, R/AT CHIKKAMOLE VILLAGE, CHAMARAJANAGARA - 571 127. …PETITIONERS (BY SRI ANIL KUMAR A S, ADVOCATE) AND: STATE OF KARNATAKA BY CHAMARAJANAGARA TOWN POLICE STATION, CHAMARAJNAGAR - 571 313, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI LAXMAN B, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CRIME NO.186/2025 OF THE CHAMARAJANAGAR TOWN POLICE STATION PENDING ON THE FILE OF THE LEARNED ADDL CIVIL JUDGE (SR.DN) AND CJM COURT AT CHAMARAJANAGAR FOR THE OFFENCES PUNISHABLE UNDER SECTION 419, 420, 465, 468, 471 AND READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 AND ETC. IN CRL.P NO.2447/2026: BETWEEN: 1. CHANDRASHEKARA S/O. ANKASHETTY, AGED ABOUT 26 YEARS, R/AT NO.56, UPPARA BHEEDI, CHIKKAMOLE VILLAGE, CHAMARAJANAGARA - 571 127. 2. R GIRISH, S/O. RAMASHETTY, AGED ABOUT 39 YEARS, R/AT UPPARA BHEEDI, BANDIGERE VILLAGE, CHAMARAJANAGARA - 571 127. …PETITIONERS (BY SRI ANIL KUMAR A S, ADVOCATE) AND: STATE OF KARNATAKA BY CHAMARAJANAGARA TOWN POLICE STATION, CHAMARAJNAGAR - 571 313. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, - 3 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 BENGALURU 560 001. …RESPONDENT (BY SRI LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND THEREBY PLEASED TO GRANT ANTICIPATORY BAIL DIRECTING THE RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST IN CONNECTION WITH THE CR.NO.186/2025 OF THE CHAMARAJANAGAR TOWN P.S. PENDING ON THE FILE OF THE LEARNED ADDL.CIVIL JUDGE (SR.DN) AND C.J.M COURT AT CHAMARAJANGAR FOR THE OFFENCE P/U/S 419, 420, 465, 468, 471 R/W 34 OF IPC AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 4 in Crime No.186/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar for the offences punishable under Sections 419, 420, 465, 468 and 471 read with Section 34 of Indian Penal Code, 1860 (for short 'IPC') are before this Court in this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. 2. Heard the learned counsel for the petitioners and learned High Court Government Pleader on behalf of respondent-State. - 4 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 3. FIR in Crime No.186/2025 was registered by Chamarajanagar Town Police Station, Chamarajanagar for the aforesaid offences against the petitioners herein and others, based on the first information dated 19.09.2025 received from Yashodha B.M., who is the wife of Late Guruswamy M., who is alleged victim in the present cases. 4. Apprehending arrest in the said case, the petitioners had approached the jurisdictional Sessions Court in Criminal Misc.No.531/2025 and Criminal Misc.No.474/2025, which were rejected on 22.12.2025 and 25.11.2025 respectively. Therefore, the petitioners are before this Court. 5. Perusal of material on record would go to show that the petitioners/accused No.1 and 2 herein are direct brothers. Petitioners are said to be agriculturists by avocation and they have no other criminal antecedents. In the first information, it is alleged that the husband of the first informant had purchased land measuring 30 acres 36 guntas under registered sale deed dated 24.08.1964 in Sy.No.3/2, 3, 6A1 and 7 of Haradanahalli district forest, Chamarajanagara Taluk. Out of the said land an extent of 25 acres was sold during his lifetime and after the - 5 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 death of the husband of the first informant in the year 2012, revenue records of the remaining extent of land measuring 5 acres 24 guntas allegedly was transferred in her name. In the year 2025, she came to know that revenue records of the aforesaid land totally measuring 5 acres 24 guntas was transferred in the name of accused Nos.1 and 2 under a registered relinquishment deed dated 17.11.2022. It is under these circumstances, she had approached the Police on 19.09.2025 and submitted her first information, based on which FIR has been registered against the petitioners and others. 6. Learned counsel for the petitioners has produced certain documents to show that in the very same village, adjacent to the property of the first informant, an extent of land measuring 4 acres 33 guntas in Sy.No.3/21-A was granted to the father of petitioners No.1 and 2. According to the learned counsel for the petitioners, for the purpose of entering the name of the petitioners No.1 and 2 in the revenue records of the aforesaid granted land, relinquishment deed dated 17.11.2022 was executed. - 6 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 7. Be that as it may, the fact remains that the petitioners are agriculturists and have no other criminal antecedents. They have undertaken to co-operate with the Police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the said offences is imprisonment for a period of seven years. 8. Under the circumstances, I am of the opinion that, prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. 9. Accordingly, the following: ORDER (i) The Criminal Petitions are allowed. (ii) The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioners/accused Nos.1 to 4 in the event of their arrest in Crime No.186/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar for the offences punishable under Sections 419, 420, 465, 468 and 471 read with Section 34 of Indian Penal Code, 1860, subject to the following conditions: - 7 - HC-KAR NC: 2026:KHC:28459 CRL.P No. 2398 of 2026 C/W CRL.P No. 2447 of 2026 1. Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.50,000/- (Fifty Thousand only) each with one surety each for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. 4. Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE GVP List No.: 1 Sl No.: 38