Criminal Petition No. 1350 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1350 OF 2025 (438(Cr.PC) / 482(BNSS)) C/W CRIMINAL PETITION NO. 1303 OF 2025 IN CRL.P No. 1350/2025 BETWEEN: SRI. SRIDHAR AGED 49 YEARS, SON OF RESIDING AT C/O ARUL BELU, NO.335, SSM ROAD, 4TH SQUARE, MURPHY TOWN, ULSOOR, BENGALURU NORTH-560 008.
Legal Reasoning
(BY SRI. CHANDRA MOHAN K., ADVOCATE) AND: THE STATE OF KARNATAKA BY BAIYAPPANAHALLI POLICE STATION, BAIYAPPANAHALLI, BENGALURU-560 008. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. (BY SRI. HARISH GANAPATHY, HCGP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE PETITIONER TO BE ENLARGED ON ANTICIPATORY BAIL ON HIS ARREST OR ON SURRENDER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 IN CRIME NO.308/2024 OF THE BAIYAPPANAHALLI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 120(B), 420, 468 READ WITH SECTION 34 OF IPC ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU. IN CRL.P NO. 1303/2025 BETWEEN: MAHENDRA KUMAR AGED ABOUT 43 YEARS, RESIDING AT # 14, E NUMBER 3RD STREET, OLD MADRASS ROAD, ULSOOR, BENGALURU-560 008. (BY SRI. CHANDRA MOHAN K., ADVOCATE) AND: THE STATE OF KARNATAKA BY BAIYAPPANAHALLI POLICE STATION, BAIYAPPANAHALLI, BENGALURU-560 008. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. (BY SRI. HARISH GANAPATHY, HCGP) ...PETITIONER ...RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE PETITIONER TO BE ENLARGED ON ANTICIPATORY BAIL ON HIS ARREST OR ON SURRENDER THE BAIYAPPANAHALLI POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 120(B), 420, 468 READ WITH SECTION 34 OF IPC ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU. NO.308/2024 CRIME OF IN - 3 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioners, the learned High Court Government Pleader for respondent/State and perused the material on record. 2. These two petitions arise out of Cr.No.308/2024 of Byappanahalli Police Station, Bengaluru City, registered for offences punishable under Section 120B, 420, 468, 506 r/w 34 IPC. 3. FIR is registered against accused Nos.1 to 7 on a complaint lodged by one Suresh G.U. S/o G.M.Uttayya. Petitioner in Crl.P.No.1350/2025 is accused No.2 and petitioner in Crl.P.No.1303/2025 is accused No.4. Both the petitions are preferred under Section 482 BNSS, 2023 for grant of anticipatory bail. 4. Complainant has alleged that the accused have colluded with each other and fabricated the General Power - 4 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 of Attorney (GPA) on the basis of which, they executed a sale deed in respect of a house property belonging to one Sri S.Kalyana Sundaram and Smt.Bhavya B.V. and cheated him to the tune of Rs.91 lakhs. 5. It is averred in the complaint that Sri S.Kalyana Sundaram and his wife Smt. Bhavya B.V. are the owners of property bearing site No.16, Khata No.32/7/16, BBMP ward No.57, C.V.Raman Nagar, Old H.A.Sanitary Board, Old BBMP Ward No.83, Kaggadasapura village. Accused by name Infant (accused No.5) identified the said house, as the complainant had told him that he was interested to purchase a house property. According to the complainant, the owners negotiated with him for selling the house for a total sum of Rs.1,34,00,000/- (Rupees one Crore thirty four lakhs only) and as an advance, Rs.80,00,000/- was paid to them i.e., Rs.30,00,000/- through cheque and Rs.50,00,000/- through cash and even agreement of sale was prepared. - 5 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 6. The allegations are that even after one year, the property was not registered in the name of the complainant and when he contacted accused No.5, he introduced him to accused Nos.1 to 4 who promised that they will get the house registered in his name and demanded a sum of Rs.15,00,000/-. 7. Even according to the complainant, on 20.10.2023, the sale deed was registered in the office of the Sub-Registrar, Ulsoor and a sum of Rs.38,66,000/- was sent to the owners namely Sri Kalyana Sundaram and Smt. Bhavya through RTGS. Allegations are that, GPA prepared by the accused was fabricated and on the basis of the said fabricated GPA, registered sale deed was executed etc. The said allegations have to be established in due course. As per complaint itself, a sum of Rs.80,00,000/- was paid at the time of executing the agreement of sale and after registration of the property, a sum of Rs.38,66,000/- was paid. - 6 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 8. The petitioners have undertaken to co-operate with the investigation of the case. In the facts and circumstances of the case, by imposing necessary conditions, the relief sought in the petitions can be granted. Hence, the following:
Decision
ORDER 1. Petitions are allowed. 2. Petitioners/accused Nos.2 and 4 in Crime No.308/2024 registered by Byappanahalli Police Station, Bengaluru City, shall be released in the event of arrest, subject to following conditions: a) They shall appear before the Investigating Officer within a period of 10 days from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each, with a surety for the likesum. b) They shall furnish their residential address/contact number and shall - 7 - NC: 2025:KHC:6426 CRL.P No. 1350 of 2025 C/W CRL.P No. 1303 of 2025 inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 47 Ct:ar