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2026 DAILYLAW 36242 (KAR)

SRI NARENDRA KUMAR @ S B NARENDRA KUMAR v. THE STATE OF KARNATAKA

CRL.P/11642/2026 · 2026-08-17

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10452 OF 2026 C/W CRIMINAL PETITION NO. 11480 OF 2026, CRIMINAL PETITION NO. 11642 OF 2026 IN CRL.P No. 10452/2026: BETWEEN: SRIKANTH. C. S/O CHANNE GOWDA C AGED ABOUT 42 YEARS R/O 308, 7TH MAIN, BEHIND POST OFFICE, J.C. NAGAR, BASAVESHWARANAGAR BENGALURU - 560 036 560036 INSTEAD OF (WRONGLY MENTIONED AS 560039) FORMERLY WORKING AS SDA, RECORD ROOM BENGALURU SOUTH TALUK BENGALURU. PRESENTLY WORKING AS SDA YALAHANKA TALUK OFFICE BENGALURU NORTH, BENGALURU - 01. …PETITIONER (BY SRI PARAMESHWAR N HEGDE, ADV.) AND: STATE OF KARNATAKA THROUGH KUMBALAGODU P.S NOW TRANSFERRED TO KENGERI P.S BENGALURU DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01. …RESPONDENT (BY SRI B.N. JAGADISH, SPP-1 A/W SRI VINAY MAHADEVAIAH, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT IN KENGERI P.S., (FORMERLY KUMBALGODU P.S.) TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF THIS ARREST IN CR.NO.140/2026, FOR THE OFFENCES P/U/S 318(4),319(2),336(2),336(3),329(3),340(2),351(2) OF BNS, 2023, PENDING BEFORE THE II ACJM, BENGALURU RURAL DISTRICT, BENGALURU. IN CRL.P NO. 11480/2026: BETWEEN: SRI MANJUNATHA G S/O SRI GAVISIDDAPPA AGED ABOUT 47 YEARS R/AT NO.23, 3RD B CROSS 3RD B MAIN, SOMESHWARANAGAR GKVK POST, YELAHANKA BENGALURU - 560 065. ...PETITIONER (BY SRI VENKATACHALAPATHI M, ADV.) AND: THE STATE OF KARNATAKA BY KUMBALAGUDU POLICE STATION REPRESENTED BY S.P.P. HIGH COURT PREMISES BANGALORE - 01. ...RESPONDENT (BY SRI B.N. JAGADISH, SPP-1 A/W; SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.140/2026 AGAINST THE ACCUSED OF THE OFFENCE P/US/ 318(4),319(2),336(2),336(3),329(3),340(2),351(2) OF BNS WHICH IS NOW PENDING BEFORE THE HONBLE 2nD ADDL CJM BENGALUUR RURAL AT BENGALURU (2nd ACJM). - 3 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 IN CRL.P NO. 11642/2026: BETWEEN: SRI NARENDRA KUMAR @ S.B. NARENDRA KUMAR S/O LATE SRI BASAVARAJU AGED ABOUT 42 YEARS RESIDING AT SEETHAKALLU URDIGERE HOBLI TUMAKURU TALUK AND DISTRICT - 572 140. ...PETITIONER (BY SRI MOHAN S, ADV.) AND: THE STATE OF KARNATAKA BY KUMBALAGODU POLICE STATION BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. ...RESPONDENT (BY SRI B.N. JAGADISH, SPP-1 A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON REGULAR BAIL IN CRIME NO.140/2026 OF KUMBALAGODU POLICE STATION BENGLAURU FOR THE OFFENCES P/U/S 318(4), 319(2), 336(2), 336(3), 329(3), 340(2) AND 351(2) OF THE BNS 2023 PENDING ON THE FILE OF THE II ADDL.CJM BENGALURU RURAL DISTRICT BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 4 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 ORAL ORDER 1. Accused nos.5, 6 & 8 in Crime No.140/2026 registered by Kumbalagudu Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 319(2), 336(2), 336(3), 329(3), 340(2), 351(2) of BNS, 2023, are before this Court in these petitions filed under Sections 482 & 483 of BNSS, 2023, seeking regular and anticipatory bail, respectively. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.140/2026 was registered by Kumbalagudu Police Station, Bengaluru City, for the aforesaid offences against Francis and others based on the first information dated 10.06.2026 received from the Secretary of Sri Adi Chunchanagiri Educational Trust, Bengaluru. Apprehending arrest in the said case, accused nos.6 & 8 had approached the jurisdictional Sessions Court in Crl. Misc. No.1423/2026 & Crl. Misc. No.1448/2026, which were rejected on 13.07.2026 & 14.07.2026, respectively. Therefore, they are before this Court in Crl.P.No.11480/2026 & Crl.P.No.10452/2026, respectively. During the course of investigation, accused no.5 was arrested on 01.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. - 5 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 Misc. No.1562/2026 was rejected on 27.07.2026. Therefore, accused no.5 is before this Court in Crl.P.No.11642/2026. 4. Learned Counsels appearing on behalf of accused nos.6 & 8 submits that they are Government servants and are ready and willing to co-operate with the police for the purpose of investigation. Their name is not found in the FIR and they are implicated in the present case based on the confession statement of co-accused. 5. Learned Counsel for accused no.5 submits that accused no.5 is not a Government servant and he has co-operated for the purpose of investigation. His statement has been already recorded by the Investigation Officer and similarly situated other accused persons have been granted regular bail. He has no criminal antecedents. Accordingly, he prays to allow the petition. 6. Per contra, learned SPP who has opposed the petition by filing statement of objections, submits that accused nos.1 & 2 had conspired with accused no.8 who had handed over the old file relating to a grant made in the name of one Arogya Swamy - retired military servant. Subsequently, accused nos.4 & 5 had created fraudulent documents by replacing papers in the said - 6 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 file and accused no.8 had kept the file containing fraudulent documents in the record room and based on the same, certified copies of the documents were issued to the parties and proceedings were initiated in various courts. Accused no.6 is a person with criminal antecedents of similar nature and he in his capacity as Second Division Assistant, has changed the grant number of the land in question from 2087 to 2095. Therefore, he has played a major role in creating fraudulent documents in favour of accused nos.1 & 2 who are the beneficiaries of the fraud. He also submits that transcription of the conversation between accused nos.6 & 8 and other accused has been collected during the course of investigation which would clearly show their involvement in committing the crime. Custodial interrogation of accused nos.6 & 8, therefore, becomes necessary. Accordingly, he prays to dismiss the petitions. 7. In the first information submitted by the Secretary of Sri Adi Chunchanagiri Educational Trust, it is stated that land bearing Sy. No.43 measuring 45 acres of Kambipura village, Kengeri Hobli, Bengaluru, was granted to them in the year 2004 and they were put in possession of the said property. The revenue records also was subsequently transferred in their - 7 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 name and they had made improvements in the said land. Accused no.1 - Francis, subsequently claimed right over the portion of the said property by filing O.S.No.1390/2025 before the jurisdictional Civil Court in respect of 6 acres of land in Sy. No.43 alleging that the property was granted to his father late Arogya Swamy under a grant order dated 24.08.1961. Doubting the genuineness of the grant order and the documents which were produced in support of the claim of the aforesaid Francis, the Secretary of Sri Adi Chunchanagiri Education Trust, had approached the police. 8. During the course of investigation, it was found that original file relating to the grant made to one Arogya Swamy - retired military servant, was handed over to accused nos.1 & 2 by accused no.8, and thereafter, accused nos.4 & 5 had created documents in the original file to suit the requirement of the bogus claim of accused nos.1 & 2 named in the present case. Accused no.8 had subsequently issued certified copies of the said fraudulent documents. Based on the copies of the fraudulent documents, multiple litigations were initiated by the parties claiming right over 6 acres of land in Sy. No.43 which was allegedly assigned new Sy. No.234 and they had also - 8 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 entered into an agreement of sale and had received huge advance amount of more than Rs.One Crore from the intending purchasers. 9. Accused nos.4 & 5 created saguvali chit in the name of Arogyaswamy and according to the prosecution, the bogus document in Kannada language was written by accused no.4 and in English language, it was written by accused no.5. After creating fraudulent documents, accused no.8 had placed the created documents in the original file and had kept the same in the record room. Subsequently, accused no.2 filed application seeking documents relating to grant, khatha, mutation, etc., and accused no.8 based on the said applications, has issued certified copies of the fraudulent documents which were used for initiating multiple proceedings in support of the fraudulent claim by accused nos.1 & 2. 10. Accused no.6 is said to be the person who had changed the number of the grant order from 2087 to 2095 before the file was handed over by accused nos.4 & 5 to accused no.8 who had kept the file in the record room. Even the office correspondence number with regard to the file was changed by accused no.6 from 143 to 145. Accused nos.6 & 8 who are working in the - 9 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 record room had assisted the accused persons to commit the fraud and according to the prosecution, they had received money for the same. Accused no.6 is a person with criminal antecedents and there is another case of similar nature against him which is under investigation. Accused nos.6 & 8 being Government servants had colluded with other accused for manipulation of the land records with an intention to make unlawful gain. Without the aid of insiders, the other accused persons could not have laid hands on the file which was in record room. Considering the nature of allegations found against accused nos.6 & 8 and also to find out the involvement of other persons in committing the alleged crime, their custodial interrogation becomes necessary. 11. So far as accused no.5 is concerned, he is arrested on 01.07.2026 and remanded to judicial custody. It is not in dispute that he has co-operated with the Investigation Officer and his statement is already recorded. Considering the fact that his house warming ceremony was scheduled on 16.08.2026, he was granted interim bail by this Court. There is no allegation that he has violated the bail conditions found in the order granting interim bail. Under the circumstances, I am of the - 10 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 opinion that while the prayer made by accused nos.6 & 8 for grant of anticipatory bail needs to be rejected, the prayer made by accused no.5 seeking regular bail is required to be answered affirmatively. Accordingly, the following order: 12. Crl.P.No.10452/2026 & Crl.P.No.11480/2026 are dismissed. 13. Crl.P.No.11642/2026 is allowed. Accused no.5 is directed to be enlarged on bail in Crime No.140/2026 registered by Kumbalagudu Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 319(2), 336(2), 336(3), 329(3), 340(2), 351(2) of BNS, 2023, subject to the following conditions: a) Accused no.5 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) Accused no.5 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) Accused no.5 shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 11 - HC-KAR CNR: KAHC010488992026 NC: 2026:KHC:44260 CRL.P No. 10452 of 2026 C/W CRL.P No. 11480 of 2026 CRL.P No. 11642 of 2026 d) Accused no.5 shall not involve in similar offences in future; e) Accused no.5 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK