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2026 DAILYLAW 51010 (KAR)

SRI. GOPALAPPA v. THE STATE OF KARNATAKA

CRL.P/14868/2025 · 2026-01-05

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14868 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. GOPALAPPA S/O LAT, KOIRALA VENKATARAYAPPA AGED ABOUT 49 YEARS 2. SRI. MAHESH KUMAR. G S/O, SRI. GOPALAPPA AGED ABOUT 19 YEARS 3. SMT. G RADHA W/O, SRI. GOPALAPPA AGED ABOUT 45 YEARS 4. SRI. SURAJ KUMAR G, S/O, SRI. GOPALAPPA AGED ABOUT 26 YEARS. 5. SRI. SURESH KUMAR G S/O, SRI. GOPALAPPA AGED ABOUT 23 YEARS THE PETITIONER No.1 to 5 are R/AT, RAMAGANAHALLI, VILLAGE SOMENAHALLI, HOBALI, GUDIBANDE TALUK CHIKKABALLAPUR DISTRICT PIN CODE – 561 209. 6. KUMARI SAI SHREE G D/O, SRI. GOPALAPPA AGED ABOUT 20 YEARS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 R/AT, No.80, 1ST CROSS VINAYAKA LAYOUT KODIGEHALLI H A FARM POST BENGALURU-560 024. 7. SMT. RATHNAMMA W/O PASALAPPA D/O, LATE KOIRALA VENKATARAYAPPA AGED ABOUT 55 YEARS, R/AT, No.25, ITTAPPANAHALLI VILLAGE KASABA HOBLI, CHIKKABALLALAPUR TALUK AND DISTRICT - PIN CODE-561 209. 8. SMT. NANJAMMA D/O, LATE KOIRALA VENKATARAYAPPA AGED ABOUT 63 YEARS R/AT, RAMAGANAHALLI, VILLAGE SOMENAHALLI, HOBALI, GUDIBANDE TALUK CHIKKABALLAPUR DISTRICT-561 209. …PETITIONERS (BY SRI. JAGADEESH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DODABALLAPUR TOWN POLICE REPRESENTED BY S.P.P HIGH COURT OF KARNATAKA – 560 001. …RESPONDENT (BY SRI MOHD. AYUB ALI, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT THE RELIEF OF ANTICIPATORY BAIL TO THE ABOVE NAMED PETITIONER IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR.No.114/2025, PENDING ON THE FILE OF THE HON’BLE COURT DODDABALLAPUR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420, 468, 471 OF THE IPC, 1860. - 3 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 to 8 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.114/2025 of Doddaballapura Town Police Station registered for offences punishable under Section 420, 468, 471 of IPC. 2. Heard learned counsel for petitioner and learned Additional SPP for the respondent -State. 3. Learned counsel for the petitioner would contend that the complaint has been made by the Sub Registrar on the representation given by one Sri A. Ganesh Aditya. The said that Sri A. Ganesh Aditya is real estate agent. Petitioners have not executed any sale agreement in favour of the said A. Ganesh Aditya. Petitioners are owners of the property and as owners they have sold the property to Ravi Prakash. There is no transaction between petitioner and A. Ganesh Aditya. Petitioners are ready to - 4 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 co-operate with the police in investigation and abide by any conditions to be imposed by this Court. Offences alleged against petitioners are not punishable either with death or imprisonment for life. With these, he prays to allow the petition. 4. Per contra, learned Additional SPP for the respondent –State would contend that the petitioners have executed registered sale agreement in favour of A. Ganesh Aditya. The said A. Ganesh Aditya has filed suit against the petitioners wherein an injunction has been granted restraining petitioners from alienating the property. In spite of the said order of injunction the petitioners have got registered the sale deed in different Sub Registrar's Office. The said Sub Registrar who has registered the sale deed has been suspended. Petitioners have produced forged documents in order to get sale deed registered. The matter is under investigation and petitioners are required for custodial interrogation. With this, he prayed to reject the petition. - 5 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. Case has been registered against petitioner No.1 and others in Crime No.114/2025 in Doddapalapura Town Police Station for aforesaid offences on the complaint of Sub Registrar, Doddapalapura. In the said complaint, the allegation against petitioners is that they have executed registered sale agreement in favour of Sri. A. Ganesh Aditya dated 28.01.2021 and it is registered sale agreement. The said A. Ganesh Aditya has filed suit wherein injunction has been granted against petitioners restraining them from alienating the property. In spite of the said injunction petitioners have sold the property to one Satish H. S. and got registered the document and cheated the A. Ganesh Aditya. The entire case of the prosecution is based on the documents. Petitioners are ready to co-operate with the police in the investigation. Offences alleged against petitioners are not - 6 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 punishable either with death or imprisonment. There are no criminal antecedents of the petitioner. Considering the above aspects, petitioners have made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioners are ordered to be released on bail in the event of their arrest in Crime No.114/2025 of Doddaballapura Town Police Station registered for offences punishable under Section 420, 468, 471 of IPC subject to following conditions: a) Petitioners – accused Nos.1 to 8 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer. - 7 - HC-KAR NC: 2026:KHC:140 CRL.P No. 14868 of 2025 b) Petitioners – accused Nos.1 to 8 shall co- operate with the Investigating Officer in investigation and appear before the Investigating Officer whenever called for. c) Petitioners – accused Nos.1 to 8 shall not tamper the prosecution witnesses either directly or indirectly. d) Petitioners – accused Nos.1 to 8 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 53 Ct.sm