- 1 - HC-KAR NC: 2026:KHC:5549 CRL.P No. 16518 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. 16518 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI JAFAR SADHIK @ JAFARA SADIK S/O. SHOUKATH ALI, AGED ABOUT 19 YEARS, STUDENT R/AT NO.698, 3RD CROSS, INDRANAGAR, MALEBENNUR, HARIHARA TALUK-577530 ALSO AT D.No.539, GROUND FLOOR, 11TH CROSS, NIJALINGAPPA EXTENSION, DAVANAGERE 577006. …PETITIONER (BY SRI. S G RAJENDRA REDDY.,ADVOCATE) AND: 1. THE STATE BY EXTENSION POLICE STATION DAVANAGERE RPTD. BY S.P.P., HIGH COURT, BENGALURU - 560001. …RESPONDENT (BY SMT.WAHEEDA M.M., HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5549 CRL.P No. 16518 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE STATION HOUSE OFFICER OF THE EXTENSION POLICE STATION, DAVANAGERE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN THEIR CRIME NO.0121/2025 PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 336(1), 336(3), 339, 336(2), 338, 342(2) OF THE BHARATIYA NYAYA SANHITA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The applicant of IA No. 1/25 is absent. 2. The applicant has not complied with the office objections raised on IA No.1/2025. There is no provision to implead the defacto complainant. Hence, IA No.1/2025 is rejected. 3. This petition is filed by accused No.3 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant anticipatory bail in Crime No.121/2025 of Davanagere Extension Police Station registered for the offences punishable under Sections 318(4), 336(1), - 3 - HC-KAR NC: 2026:KHC:5549 CRL.P No. 16518 of 2025 363(3), 339, 336(2) 338 and 342(2) of Bharatiya Nyaya Sanhita, 2023. 4. Heard the learned counsel petitioner and learned High Court Government Pleader for respondent/State. 5. The learned counsel for petitioner would contend that a private complaint has been filed against three accused persons, and the petitioner has been arrayed as accused No.3 in the said private complaint. The said private complaint has been referred to police and on that basis, Crime No.121/2025 has been registered. The allegation in the private complaint is that accused No.1, though residing as a tenant on a monthly rent basis, has created a lease deed. The petitioner and another have affixed their signatures on the said lease deed as witnesses. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to cooperate with the Investigating - 4 - HC-KAR NC: 2026:KHC:5549 CRL.P No. 16518 of 2025 Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 6. Per contra, the learned High Court Government Pleader for the respondent/State would contend that there is role of this petitioner in creating the lease deed. As he has signed it as a attesting witness, the petitioner is required for custodial interaction. With this, she prayed to reject the petition. 7. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 8. A private complaint has been filed against the petitioner/accused No.3 and two others/accused Nos.1 and 2 alleging that accused No.1 has created lease deed even though she is residing in the house as tenant on monthly basis, and this petitioner/accused No.3 and another - 5 - HC-KAR NC: 2026:KHC:5549 CRL.P No. 16518 of 2025 accused No.2 have affixed their signatures on the said lease deed as witnesses. The allegation is creation of the lease deed. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. 9. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. 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.121/2025 of Davanagere Extension Police Station registered for the offences punishable under Sections 318(4), 336(1), - 6 - HC-KAR NC: 2026:KHC:5549 CRL.P No. 16518 of 2025 363(3), 339, 336(2) 338 and 342(2) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer. b) The petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation. c) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE bkm List No.: 1 Sl No.: 22