- 1 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15714 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI.M.SHANKAR AGED ABOUT 48 YEARS S/O. MUNIYAPPA No.90 NEAR MARIYAMMA TEMPLE DINNUR KADUGODI PLANTATION BENGALURU - 560 067. …PETITIONER (BY SRI. MANJUNATHA A C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CCB POLICE STATION BENGALURU - 560 027. REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO ORDER AND DIRECT THE RESPONDENT CITY CRIME BRANCH POLICE STATION, BENGALURU TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME No.69/2025 OF RESPONDENT CITY CRIME BRANCH POLICE STATION BENGALURU Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 3(5), 316(2), 62, 319(2), 318(4) OF BNS 2023. 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 the petitioner –accused No.6 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.69/2025 of CCB Bengaluru City, Police Station registered for offences punishable under Sections 3(5), 316(2), 62, 319(2), 318(4) of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that as per averments of the complaint, the transactions between petitioner and the complainant are between 19.11.2022 to 03.07.2024 and payment made is Rs.1.10/-crores. The petitioner is real estate agent and he - 3 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 got sale agreement executed in favour of the father of the complainant dated 12.01.2023 by canceling earlier agreements and total consideration paid is Rs.1,77,20,000/. In respect of property bearing Survey No.6/2 of Kottihosahalli Village, measuring 13.08 guntas. But earlier the father of this defacto complainant had filed complaint registered in Crime No.54 of 2024 and in that petitioner has been arrayed as accused No.5 and charge sheet has been filed in the said crime. In the said crime also there is same allegation against this petitioner pertaining to same property. There are some monetary transactions between petitioner and the defacto complainant and therefore, false complaint has been filed against the petitioner. The petitioner is ready to cooperate with the police in investigation and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that - 4 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 investigation is in progress. Huge amount of cheating is involved in the case. The amount details are mentioned in the complaint. The petitioner has cheated the complainant's father by getting amount without getting execution of any sale agreements. The petitioner is required for custodial interrogation. With this, she prays to reject the petition. 5. Having heard learned counsels, the Court has perused the complaint, FIR and other materials placed on record. 6. As per averments of the complaint, the allegation against the petitioner is that he has received Rs.1.10/- crores for getting sale agreements from the owners in respect of property bearing Survey No.6/2, measuring 13 guntas of Kottihosahalli Village between 19.11.2022 to 03.07.2024. FIR in Crime No.54 of 2024 of CCB Bengaluru City Police indicate that earlier also a case has been registered against the petitioner and charge sheet has been filed against him and he has been shown - 5 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 as accused No.5. In the said charge sheet also there is allegation of this petitioner cheating the complainant and complainant's father by acting as real estate agent with respect to property situated Kottihosahalli Village measuring 13.08 guntas. Earlier complaint has been filed by the father of the defacto complainant. The father of defacto complainant has got filed the present complaint through his son. The petitioner has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. Whether the petitioner has committed any offences alleged against him is matter of investigation and trial. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. - 6 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.69/2025 of CCB Bengaluru City, Police Station registered for offences punishable under Sections 3(5), 316(2), 62, 319(2), 318(4) of BNS subject to following conditions: a) The petitioner –accused No.6 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.6 shall co- operate with the Investigating Officer in the - 7 - HC-KAR NC: 2026:KHC:5455 CRL.P No. 15714 of 2025 investigation and appear before the Investigating Officer whenever called for. c) The petitioner –accused No.6 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. d) The petitioner –accused No.6 shall appear before the Investigating Officer on first and third Sunday of every month for a period of 03 months or till filing of the final report whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 8