Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 24792 (KAR)

SRI. DEVARAJ S v. THE STATE OF KARNATAKA

CRL.P/165/2026 · 2026-06-29

S Vishwajith Shetty

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 165 OF 2026 BETWEEN: 1. SRI. DEVARAJ S, S/O SHAMANNA, AGED ABOUT 57 YEARS, R/AT NO.51, HANDRAHALLI VILLAGE, BUDUGERE POST, DEVANAHALLI TALUK, BANGALORE RURAL - 562 129. 2. SRI. RAMESH P, S/O PILLAPPA, AGED ABOUT 50 YEARS, RESIDING AT MANCHAPPANAHALLI, BUDUGERE POST, BENGALURU NORTH TALUK, BENGALURU - 562 129. 3. TIPPUSULTHAN, S/O FAKRUDDIN, AGED ABOUT 66 YEARS, R/AT NO.2, SRINIVAS LAYOUT, OPPOSITE SLIVER STAR FARM, LINGARAJAPURAM, BENGALURU NORTH TALUK, BENGALURU - 560 084. …PETITIONERS (BY SRI. MOHANKUMARA D., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 AND: THE STATE OF KARNATAKA, BY RAMAMURTHY NAGAR PS, BANGALORE. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. …RESPONDENT (BY SRI.RANGASWAMY B., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER NOs.1, 2, 3/ACCUSED NOs.3, 4, 5 ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST BY RESPONDENT ARISING OUT OF CR.NO.766/2024 IN RAMAMURTHY NAGAR P.S., BANGALORE, FOR THE OFFENCES P/U/S 420, 419, 465, 468, 471, 506, 120(B), 149 OF IPC, PENDING ON THE FILE OF LEARNED XI ACJM, BENGALURU CITY. 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 Nos.3 to 5 in Crime No.766 of 2024 registered by Ramamurthynagar Police Station, Bengaluru for offences punishable under Sections 420, 419, 465, - 3 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 468, 471, 506, 120B and 149 of IPC are before this Court in this petition filed under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.766 of 2024 was registered by Ramamurthynagar Police Station, Bengaluru for the aforesaid offences against one Harsha and others, based on the first information dated 17.12.2024 received from one Sri.Ramaiah.M., son of Munishamappa. Apprehending arrest in the said case, petitioners herein who are arraigned as accused Nos.3 to 5 in the FIR had filed Crl.Misc.No.25946 of 2025 before the jurisdictional Sessions Court, which was rejected on 04.12.2025. Therefore, they are before this Court. 4. Perusal of the first information, which was submitted on 17.12.2024 would go to show that accused No.1 and accused Nos.3 to 5 had approached the first - 4 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 informant with a proposal to sell land bearing Survey No. 52, new Survey No.76 measuring four acres situated at Bidarahalli Hobli, Nimbekayipura Village, Bengaluru and they allegedly had represented that accused No.2 was the owner of the said property. In the first information itself, it is mentioned that after the documents, which were produced by the accused persons were scrutinized by the Advocate of the first informant. On 08.11.2023, the first informant had transferred an amount of Rs.1,00,00,000/- (Rupees One Crore only) to the Bank account of accused No.1/Harsha as advance sale consideration for purchase of the aforesaid property. Allegation in the first information is that accused Nos.1 and 2 had thereafter not come forward to register the Sale Deed, in respect of the said property, in favour of the first informant and on enquiry, the first informant came to know that accused No.2 was not the lawful owner of the said property. 5. The entire amount of Rs.1,00,00,000/- (Rupees One Crore only) has been paid by the first informant to the - 5 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 Bank account of accused No.1/Harsha. Petitioners who are arraigned as accused Nos.3 to 5 in the FIR have not received any money from the first informant and they only had accompanied accused No.1, to the house of the first informant. It is not in dispute that petitioners who are arraigned as accused Nos.3 to 5 do not have any other criminal antecedents. Accused No.2 has been granted anticipatory bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.11417 of 2025 vide its order dated 24.12.2025. The petitioners have undertaken to co-operate with the police for the purpose investigation. Accordingly, the following order: ORDER i) The criminal petition is allowed. ii) The Respondent - Police or any other police in the State of Karnataka are directed to release Petitioner - 6 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 Nos.1, 2 and 3 herein, in the event of their arrest, in Crime No.0766 of 2024 registered by Ramamurthynagar Police Station, Bengaluru for the offences punishable under Sections 420, 419, 465, 468, 471, 506, 120B and 149 of IPC, 2023, subject to the following conditions: 1. Petitioners shall appear before the Investigating Officer within Fifteen days from the date of receipt of the copy of this order and shall execute a personal bond, each, for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum 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 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. - 7 - HC-KAR NC: 2026:KHC:32004 CRL.P No. 165 of 2026 5. Petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DH List No.: 1 Sl No.: 48