- 1 - HC-KAR CNR: KAHC010547332026 NC: 2026:KHC:45150 CRL.P No. 12154 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12154 OF 2026 BETWEEN: 1. SYED SHUAIB S/O SYED ASHRAF AGED ABOUT 41 YEARS R/O. NO. D-2, 4TH FLOOR NO 25/1, OLD NO 25/2 HAINES ROAD, BANGALORE - 560 054. 2. MOHAMMED SHANAWAZ S/O MOHAMMED SARDAR AGED ABOUT 57 YEARS R/O. NO.41, KODANDARAMA NAGAR HINDU BALIKA SCHOOL, SHIVAJINAGAR BANGALORE - 560 054. …PETITIONERS (BY SRI PRASANNA RAO R, ADV.) AND: STATE BY HENNUR P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ORDER AND DIRECT THE RESPONDENT HENNUR POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST, FOR THE OFFENCES P/U/S 318(4),316,61 OF BNS, 2023. 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: KAHC010547332026 NC: 2026:KHC:45150 CRL.P No. 12154 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners who are apprehending arrest pursuant to an inquiry notice received by them on 20.07.2026 by Hennur Police Station, Bengaluru City, in respect of a complaint lodged by one Sri Shivan S/o Jayavelu, are before this Court in ths petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. The material on record would go to show that one Sri Shivan S/o Jayavelu has filed a typed complaint dated 17.07.2026 before the Assistant Commissioner of Police, Banasawadi, Bengaluru, alleging that he had purchased a property from the petitioners herein under a registered sale deed dated 08.05.2023 for a sale consideration of Rs.53,10,000/-. Subsequently, he came to know that petitioners do not have valid title over the property which was the subject matter of the sale deed dated 08.05.2023. Alleging - 3 - HC-KAR CNR: KAHC010547332026 NC: 2026:KHC:45150 CRL.P No. 12154 of 2026 that petitioners have cheated him, he had approached the police. 4. A reading of the first information itself would go to show that the complainant had availed financial assistance from LIC Housing Finance Ltd., for the purpose of purchasing the property which is the subject matter of registered sale deed dated 08.05.2023. According to the complainant, even officials of the finance company had not properly scrutinized the property documents, and thereby, he is cheated. 5. The dispute between the parties appears to be purely civil in nature. Petitioners have undertaken to co-operate with the police for the purpose of investigation. Learned HCGP fairly submits that FIR has not been registered against the petitioners till date and the impugned notice is issued only for the purpose of inquiry. However, since the petitioners have expressed apprehension of arrest, I am of the opinion that they are entitled for the relief sought for in this petition. Learned HCGP has not made a submission that the police have no intention to arrest the petitioner. Accordingly, the following order: - 4 - HC-KAR CNR: KAHC010547332026 NC: 2026:KHC:45150 CRL.P No. 12154 of 2026 6. 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 the criminal case that may be registered pursuant to the aforesaid complaint lodged by one Sri Shivan S/o Jayavelu, subject to the following conditions: 1. Petitioners shall appear before the Investigation Officer pursuant to the notice dated 20.07.2026 and on the date on which the petitioners appear, the Investigation Officer shall be at liberty to take him into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing a personal bond for a sum of Rs.1,00,000/- each (Rupees One Lakh only) 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. - 5 - HC-KAR CNR: KAHC010547332026 NC: 2026:KHC:45150 CRL.P No. 12154 of 2026 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. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK