Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28153 CRL.P No. 2636 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2636 OF 2026 (438(Cr.PC) / 482(BNSS)-)
BETWEEN:
1.
KIRAN KUMAR S/O H.T.JAYARAM, AGED 39 YEARS R/A NO.81, 2ND MAIN RAJESHWARI NAGAR, LAGGERE BENGALURU - 560058 …PETITIONER (BY SRI. VISHWANATH KANAVI.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA ANNAPOORNEASHWARINAGAR POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. BANGALORE-560001 …RESPONDENT (BY SMT.RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST TO THE PETITIONER IN CR.NO.380/2025 REGISTERED BY THE ANNAPOORNESHWARI NAGAR P.S., PENDING BEFORE THE LEARNED VI ACJM, BENGALURU, FOR THE OFFENCES P/U/S 420,419,465,468,471,120(B) R/W 34 OF IPC.
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:28153 CRL.P No. 2636 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER Accused No.1 in Crime No.380/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru for offences punishable under Sections 420, 419, 465, 468, 471, 120-B r/w. Section 34 of IPC is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.380/2025 was registered by Annapoorneshwari Nagar Police Station, Bengaluru for the aforesaid offences against the petitioner and others based on the first information dated 26.09.2025, received from Shashikumar.N, S/o.Nagaraju. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.10908/2025
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before the Jurisdictional Sessions Court, which was rejected on 08.01.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner who was arrested in Crime No.97/2025 registered by Subramaniyapura Police Station for similar offences has been released on bail in the said case. In the present case, petitioner was produced under body warrant and remanded to police custody. Thereafter, he was not remanded to judicial custody. Petitioner has co-operated with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. In the first information, which resulted in registering the FIR in Crime No.380/2025, it is stated that the first informant is the registered owner of Sites bearing Nos. 397C and 398B formed in Sy.No.25/2 of Gidadakonenahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk and he had purchased the same
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HC-KAR NC: 2026:KHC:28153 CRL.P No. 2636 of 2026
under registered sale deed dated 27.12.2021. Allegation in the first information is that accused persons have created fraudulent sale deeds in respect of the aforesaid two sites belonging to the first informant and registered the same before the office of Sub-Registrar at Srirampura, Bengaluru on 05.04.2024. Petitioner herein and another are said to be the attesting witnesses to the said sale deed. 7.
Learned counsel for the petitioner has produced material before this Court to show that petitioner was earlier arrested on similar allegations in Crime No.97/2025 registered by Subramaniyapura Police Station and while he was in custody in the said case, he was produced under body warrant in the present case on 17.11.2025 and on the said date he was given to police custody for a period of 6 days, i.e. from 17.11.2025 to 22.11.2025. However, the police had produced the petitioner before the court on 18.11.2025 itself and they had not sought for his remand to judicial custody. - 5 -
HC-KAR NC: 2026:KHC:28153 CRL.P No. 2636 of 2026
8. It is not in dispute that the petitioner has co- operated with the police in the present case for investigation. The very fact that he was produced before the court on 18.11.2025, though he was remanded to the police custody till 22.11.2025 would go to show that petitioner had co-operated with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. It is not in dispute that petitioner who was arrested in Crime No.97/2025 registered by the Subramaniyapura Police Station has been enlarged on regular bail. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of anticipatory bail is to be answered affirmatively. Accordingly, the following:
ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime
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HC-KAR NC: 2026:KHC:28153 CRL.P No. 2636 of 2026
No.380/2025 registered by Annapoorneshwari Nagar police station, Bengaluru for the offences punishable under Sections 420, 419, 465, 468, 471, 120-B r/w. Section 34 of IPC, subject to the following conditions:
1. The Petitioner 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.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future.
5. Petitioner shall attend the concerned police station twice in a month on first and third Sundays between 10.00 a.m. and 1.00 p.m.
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HC-KAR NC: 2026:KHC:28153 CRL.P No. 2636 of 2026
and mark his attendance till filing of charge sheet.
Sd/- (S VISHWAJITH SHETTY) JUDGE
CM List No.: 1 Sl No.: 43