Jagadish K R Vs the State of Karnataka

THE STATE OF KARNATAKA BY NANJANAGUD RURAL POLICE STATION, MYSURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. N. ANITHA GIRISH, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.228/2024 REGISTERED BY THE NANJANAGUD RURAL P.S., MYSURU DISTRICT, FOR THE OFFENCES P/U/S 34 OF TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICES ACT, 2016, U/S 3(5),335,336(2),336(3),337,340(2) OF BNS, 2023, PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND JMFC, AT NANJANAGUD, BY ALLOWING THIS PETITION.

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NC: 2025:KHC:11046 CRL.P No. 2091 of 2025

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.228/2024 registered by Nanjanagudu Rural Police Station, Mysuru District, for the offences punishable under Sections 335, 336(2), 336(3), 337, 340(2) and 3(5) of BNS, 2023 and Section 34 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, is before this Court under Section 482 of BNS, 2023, seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.228/2024 was registered by

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Nanjanagudu Rural Police Station, Mysuru District, for the aforesaid offences against petitioner and two others based on the first information dated 23.11.2024 received from Smt. Sumathi V. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.2059/2024 which was dismissed on 28.01.2025 by the jurisdictional Sessions Court. Therefore, he is before this Court.

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NC: 2025:KHC:11046 CRL.P No. 2091 of 2025

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Learned counsel for the petitioner submits that there is a civil dispute in respect of properties in question and petitioner has already approached the jurisdictional Civil Court and it is only thereafter the first informant, who is defendant No.1 in the suit, has filed the present criminal case.

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Per contra, learned HCGP has opposed the petition and submits that investigation is under progress.

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The material on record would go to show that there is a civil dispute pending between the parties in respect of properties bearing Sy.No.196 and Sy.No.197 of Byalaru Village, Kasaba Hobli, Nanjangud Taluk. The allegation in the first information submitted by Smt. Sumathi is that accused persons have created revenue records in respect of the aforesaid two properties based on fraudulent documents. Petitioner has already approached the Civil Court in O.S.No.377/2024 which is pending consideration and the aforesaid two properties are the subject matter of the said suit. First informant in the present case Smt. Sumathi, is the first defendant and her son Subanna is the second defendant in the said suit. Defendants had entered appearance in the said case and had filed their written

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4 - NC: 2025:KHC:11046 CRL.P No. 2091 of 2025

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statement. It is only thereafter, Smt. Sumathi has approached the police and based on her first information, present criminal case is registered against petitioner and others. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.228/2024 registered by Nanjanagudu Rural Police Station, Mysuru District, for the offences punishable under Sections 335, 336(2), 336(3), 337, 340(2) and 3(5) of BNS, 2023 and Section 34 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-

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NC: 2025:KHC:11046 CRL.P No. 2091 of 2025

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with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future.

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Sd /-

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(S VISHWAJITH SHETTY) JUDGE

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DN

Jagadish K R v. the State of Karnataka

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Jagadish K R v. the State of Karnataka

Case brief

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