Sri Harish G Vs the State of Karnataka

THE STATE OF KARNATAKA BY STATION HOUSE OFFICER MADANAYAKANAHALLI POLICE STATION SIDEDAHALLI MAIN ROAD MADANAYAKAHALLI BENGALURU KARNATAKA-562 162 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. B PUSHPALATHA, ADDL. SPP)

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THIS CRL.P IS FILED UNDER SECTION 438 (FILED U/S.482 BNSS) Cr.P.C PRAYING TO GRANT ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS 2023 (SEC.438 OF CRPC

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2 - NC: 2025:KHC:44126 CRL.P No. 13532 of 2025

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HC-KAR

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FOR THE ALLEGED OFFENCE PUNISHBLE UNDER SECTIONS 120-B,406,420 OF IPC, WHICH IS PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC AT NELAMANGALA, BENGALURU RURAL DISTRICT, FILED BY THE MADANAYAKANAHALLI POLICE IN CR.No.1014/2024 (ANNEXURE A).

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the petitioner -accused

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No.2 under Section 482 of BNSS seeking grant of anticipatory bail in Crime No.1014/2024 of

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Madanayakanahally Police Station registered for offences punishable under Sections 120-B, 406, 420 of IPC.

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Heard learned counsel for the petitioner and learned Additional SPP for the respondent –State.

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Learned Counsel for the petitioner would

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contend that earlier with respect to the same property, a complaint has been filed by the same informant i.e., M. Kashi, and it came to be registered in Crime No.823/2023

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3 - NC: 2025:KHC:44126 CRL.P No. 13532 of 2025

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HC-KAR

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and special case arising out of the said crime has been subject matter of Criminal Petition No.6155/2024 and further proceedings of the special case has been stayed in the said matter. He further submits that the first informant again filed a private complaint with respect to the same property by way of PCR and it came to be referred to police for investigation and based on the same, Crime No.1014/2024 has been registered for aforesaid offences. He submits that the allegation against the petitioner is that he acted as a middleman in the sale transaction between accused No.1 and the complainant. The petitioner was not aware of any decree passed in O.S.No.236/2013. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner is ready to co-operate with the police in investigation. There are no criminal antecedents of the petitioner. With these, he prays to allow the petition.

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Per contra, learned Additional SPP for the respondent -State would contend that the petitioner even

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HC-KAR

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after knowing that accused No.1 has no title to the property has acted as a middleman wherein accused No.1 sold the property to the first informant and cheated the first informant. The investigation is in progress. With these, she prayed to reject the petition.

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Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record.

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As per FIR in Crime No.1014/2024 of Madanayakanahally Police Station registered on the basis of PCR No.540./2024. The accusation against this petitioner –accused No.2 is that he acted as a middleman in the sale transaction between accused No.1 and the complainant. Whether this petitioner was aware that accused No.1 had no title to the property and accused No.1 cheating the complainant is a matter of investigation and trial. The petitioner is ready to co-operate with the police in investigation and abide by any terms and

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HC-KAR

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conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner has made out case for grant of anticipatory with conditions.

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In the result, the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.1014/2024 of Madanayakanahally Police Station subject to following conditions;

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a) The petitioner –accused No.2 shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer;

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b) The petitioner –accused No.2 shall not tamper the prosecution witnesses;

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NC: 2025:KHC:44126 CRL.P No. 13532 of 2025

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HC-KAR

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c) The petitioner –accused No.2 shall cooperate with the Investigating Officer in the investigation;

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d) The petitioner –accused No.2 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;

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e) The petitioner –accused No.2 shall appear before the Investigating Officer whenever called upon.

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In view of disposal of the case, pending IA’s, if

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any, does not survive for consideration.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP List No.: 1 Sl No.: 29 Ct.sm

Sri Harish G v. the State of Karnataka

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Sri Harish G v. the State of Karnataka

Case brief

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