THE BANGALORE SRINATH SRINIVASA RAO v. STATE OF KARNATAKA
CRL.P/10056/2026 · 2026-08-27
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37058 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37058 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10056 OF 2026 (438(Cr.PC) / 482(BNSS)-) BETWEEN:
1.
THE BANGALORE SRINATH SRINIVASA RAO S/O.SRINIVASA RAO, AGED ABOUT 61 YEARS, R/AT.NO.421, 2ND MAIN ROAD, 3RD CROSS, N.R.COLONY, BENGALURU SOUTH, BENGALURU-560 041 … PETITIONER (BY SRI. K SHYAMSUNDAR., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY STATION HOUSE OFFICER, JAYANAGARA POLICE STATION, BENGALURU CITY-560 004 REP BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU-560 001.
… RESPONDENT (BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P FILED U/S.438 (FILED U/S.482 BNSS), PRAYING TO ORDER AND DIRECT THE LEARNED II ADDL CJM BENGALURU CITY TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.154/2026 OF RESPONDENT JAYANAGARA POLICE STATION BENGALURU REGISTERED FOR ALLEGED OFFENCE P/US/ 61(2), 318(4), Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 319, 336(3), 340(2) OF BNS 2023 PENDING DISPOSAL OF THE ABOVE CASE.
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. 154/2026 registered by Jayanagar Police Station, Bangalore, for the offences punishable under Sections 61(2), 318(4), 319, 336(3), 340(2) of BNS, 2023, is before this Court in this criminal petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No. 154/2026 was registered by Jayanagar Police Station, Bangalore, for the aforesaid offences against the petitioner and another based on the first information dated 27.05.2026 received from Sri. Vishwanatha B S/o. Late Bhaskar S, aged about 74 years. Apprehending arrest in the case, petitioner who is
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 arraigned as accused No. 1 in FIR had filed Crl.Misc. No.6333/2026 before the jurisdictional Sessions Court which was rejected on 04.07.2026. Therefore, he is before this Court.
4. In the typed first information dated 27.05.2026 submitted by the first informant who is the husband of Smt. Premavathi S P, it is stated that in the year 1984 they had purchased the land bearing Sy. No. 70/2 of Tyaranahalli Village, Bangarpet Taluk, measuring 2.33 acres for a valid sale
consideration in name of Smt. Premavathi. They had negotiated for sale of the said property in favour of Smt. Jayamma and had also executed registered power of attorney in her favour on
22.08.2024. Subsequently it came to the notice of the first informant and his wife that petitioner herein by creating documents had registered a sale deed in his favour in respect of the aforesaid property and it is under these circumstances, FIR was registered against the petitioner
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 and the lady who had allegedly impersonated Smt. Premavathi in the Office of the Sub Registrar for executing the alleged general power of attorney in favour of the petitioner.
5.
Learned counsel for the petitioner reiterating the grounds raised in the petition submits that petitioner is a bonafide purchaser for a valid sale consideration and only after he had approached the revenue authorities for change of the revenue records of the property in question, the criminal case is registered against him. 6. Per contra, learned High Court Government Pleader who has opposed the petition has produced documents relating to the land and submits that Smt. Premavathi was impersonated before the Sub-Registrar and fraudulent GPA was executed in favour of the petitioner on the strength of which, he has executed the sale deed in his favour on 02.11.2023. Therefore, it is
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 apparent that petitioner has cheated the first informant and his wife. Accordingly, he prays to dismiss the petition. 7. The material made available would go to show that aforesaid land was purchased by Smt. Premavathi, wife of the first informant under a registered sale deed in the year 1984. Smt. Premavathi had executed a registered power of attorney in favour of Smt. Jayamma with whom she and her husband had negotiated for sale of the aforesaid property. The sale deed in question which stands in the name of the petitioner is dated 02.11.2023. He has executed the said sale deed in his favour, acting as a power of attorney holder of Smt. Premavathi S P. According to the petitioner, Smt. Premavathi had executed registered power of attorney in his favour on 26.04.2023. 8. Learned HCGP has made available the copy of the said power of attorney dated 26.04.2023 on the strength of which petitioner had executed the sale deed in question in his favour. A perusal of the general power of
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 attorney dated 26.04.2023 and the general power of attorney executed by Smt. Premavathi in favour of Smt. Jayamma on 22.08.2024 would go to show that person who had appeared before the Sub-Registrar while executing general power of attorney dated 26.04.2023 in favour of the petitioner is not the very same person who had executed admitted general power of attorney dated 22.08.2024 in favour of Smt. Jayamma. The photographs of executant found in both the general power of attorneys are totally different.
Further in the sale deed dated 02.11.2023, which is executed in favour of the petitioner, it is mentioned that the sale consideration has been paid in cash. Therefore, a serious doubt arises with regard to the genuineness of the sale transaction. 9. Under the circumstances, prima facie case for the alleged offences is found and therefore, custodial interrogation of the petitioner would be necessary to find out who had impersonated Smt. Premavathi while
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HC-KAR CNR: KAHC010467872026 NC: 2026:KHC:46075 CRL.P No. 10056 of 2026 executing the general power of attorney dated 26.04.2023 before the office of the Sub-Registrar. 10. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail needs to be rejected. Accordingly, the following:
ORDER
Criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE VP