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2026 DAILYLAW 32579 (KAR)

MOHAN MONTEIRO v. STATE OF KARNATAKA BY

CRL.P/10512/2026 · 2026-08-18

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010486532026 NC: 2026:KHC:44386 CRL.P No. 10512 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10512 OF 2026 BETWEEN: MOHAN MONTEIRO S/O LATE PA L MONTEIRO ABOUT AGED 67 YEARS RESIDING AT A3, DHANVANTHRI APARTMETNS, MAHAJANA COLLEGE ROAD JAYALAKAHSMIPURAM, MYSORE – 570 012. …PETITIONER (BY SRI VIJAYA KUMAR T.M, ADV.) AND: STATE OF KARNATAKA BY SRIRANGAPATANA RURAL POLICE STATION MANDYA DISTRICT, REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA BANGALORE – 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SSP FOR R-1; SRI MAHENDRA M.N, ADV., FOR DEFACTO COMPLAINANT) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.99/2026 OF RESPONDENT SRIRANGAPATNA RURAL POLICE, WHICH IS REGISTERED FOR OFFENCES P/U/S 143, 147, 447, 427, 506, 341, 419, 466, 471, 420, 149 OF IPC 1860, WHICH SI PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURTS, SRIRANGAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010486532026 NC: 2026:KHC:44386 CRL.P No. 10512 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.5 & 6 in Crime No.99/2026 registered by Srirangapatna Rural Police Station, Mandya District, for the offences punishable under Sections 143, 147, 447, 427, 506, 341, 419, 466, 471, 420, 149 IPC, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.99/2026 was registered by Srirangapatna Rural Police Station, Mandya District, for the aforesaid offences against Mahadevamma and 17 others based on the first information dated 06.06.2026 received from Sunilkumar.N., S/o N.G.Narayana. Apprehending arrest in the said case, petitioners who are arrayed as accused nos.5 & 6 in the FIR, had approached the jurisdictional Sessions Court in Crl. Misc. No.5217/2026 which was rejected on 09.07.2026. Therefore, they are before this Court. - 3 - HC-KAR CNR: KAHC010486532026 NC: 2026:KHC:44386 CRL.P No. 10512 of 2026 4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition submits that, petitioners are senior citizens who are the purchasers of the property in dispute. There is a long standing civil dispute in respect of the said land which has commenced in the year 1991-92. In the alleged incident that had taken place on 12.05.2026, petitioners had not participated. There is an inordinate delay in approaching the police. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP and the learned Counsel for respondent no.2 have opposed the petition. 6. Learned Counsel for respondent no.2 submits that petitioners are the persons who have funded the other accused persons to trespass into the property in question, in respect of which, there is a civil dispute pending. He submits that in violation of the interim order operating in the civil suits, accused persons have trespassed into the property and had destroyed the valuable property belonging to the first informant. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR CNR: KAHC010486532026 NC: 2026:KHC:44386 CRL.P No. 10512 of 2026 7. In the typed first information dated 06.06.2026 submitted by Sunilkumar.N., S/o N.G.Narayana, it is stated that property bearing Sy. No.11 measuring 6 acres 16 guntas and Sy. No.18 measuring 10 acres 4 guntas belonged to his family members and after the death of his father and uncle, based on fraudulent documents, the revenue records of the lands in question were changed. 8. A reading of the first information would go to show that the revenue proceedings were initiated in the year 1991-92 challenging the entries in the revenue records of the aforesaid lands. It appears that there are multiple civil disputes between the parties in respect of the lands in dispute, and according to the learned Counsel for the petitioners, they have purchased the lands for valuable consideration. 9. Petitioners are senior citizens and petitioner no.2 is a lady aged about 70 years and she is a doctor by profession. They have undertaken to co-operate with the police for the purpose of investigation. Considering the nature of allegations found in the first information and having regard to the long standing civil dispute between the parties, I am of the opinion that - 5 - HC-KAR CNR: KAHC010486532026 NC: 2026:KHC:44386 CRL.P No. 10512 of 2026 petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 10. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.99/2026 registered by Srirangapatna Rural Police Station, Mandya District, for the offences punishable under Sections 143, 147, 447, 427, 506, 341, 419, 466, 471, 420, 149 IPC, subject to the following conditions: 1. The 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.1,00,000/- each with two sureties 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 - 6 - HC-KAR CNR: KAHC010486532026 NC: 2026:KHC:44386 CRL.P No. 10512 of 2026 the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. SD/- (S VISHWAJITH SHETTY) JUDGE KK