Sri Jayaramaiah H S Vs the State of Karnataka

SMT. PREMA, W/O. LATE SIDDALINGAIAH, AGED ABOUT 55 YEARS, R/AT NO.448, 4TH CROSS, 3RD MAIN, NEAR AMBIKA HIGH SCHOOL, JAI MARUTHI NAGAR, NANDINI LAYOUT, BENGALURU NORTH, BENGALURU -560096

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SMT. JAYALAKSHMAMMA, W/O. JAYARAMAIAH H.S, AGED ABOUT 42 YEARS, R/AT HALEPETE, HULIYURDURGA VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK -572123

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…PETITIONERS

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(BY SRI. LETHIF B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY HULIYURDURGA POLICE STATION KUNIGAL TALUK, TUMKUR DISTRICT

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NC: 2025:KHC:12811 CRL.P No. 3045 of 2025

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REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001.

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…RESPONDENT

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(BY SRI. K NAGESHWARAPPA ., HCGP)

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN C.C.NO.1792/2024 (CR.NO.132/2021) HULIYURDURGA P.S. FOR THE OFFENCE P/U/S 465,468,471,419,506 OF IPC PENDING ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND J.M.F.C AT KUNIGAL AND ETC.

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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 Nos.1 to 3 in CC No.1792/2024 pending before the Court of Senior Civil Judge and JMFC, Kunigal, arising out of Crime No.132/2021 registered by Huliyurdurga Police Station, Kunigal, Tumakuru, for the offences punishable under Sections 465, 468, 471, 419, 506 of IPC are before this Court under

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Section 438 of the Cr.P.C., seeking for Anticipatory Bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.132/2021 was registered by

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Huliyurdurga Police Station, Kunigal, Tumakuru, for the aforesaid offences based on the first information dated 6.7.2021 received from B.Siddalingaiah, against the petitioners

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herein and others. Apprehending arrest in the said case, the

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3 - NC: 2025:KHC:12811 CRL.P No. 3045 of 2025

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petitioners had filed Crl.Misc.No.235/2025 before the jurisdictional Sessions Court, which was rejected on 21.2.2025. Therefore, they are before this Court.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition.

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Per contra, the learned HCGP opposed the petition.

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A perusal of the material on record would go to

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show that the allegation in the first information submitted by the first informant B.Siddalingaiah against the petitioners is that they had created certain fraudulent documents and based on the said documents revenue entries in respect of lands bearing Sy.Nos.7/1A and 7/1B of Lakkashettipura village, Huliyurdurga Hobli, Tumakuru, were changed. The material produced by the learned counsel for the petitioners would go to show that challenging the entries in respect of the lands bearing Sy.Nos.7/1A and 7/1B, proceedings were initiated by the first informant and others before the jurisdictional Assistant Commissioner, who had dismissed the same and thereafter, the said order was unsuccessfully challenged in an appeal before the Deputy Commissioner. The material on record also goes to

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NC: 2025:KHC:12811 CRL.P No. 3045 of 2025

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show that there is a civil dispute between the parties in respect of certain other items of land and the first informant and his relatives had filed OS No.281/1997 which was also dismissed by judgment and decree dated 31.3.2023. In the present case, after investigation, the police had filed ‘B’ report and the learned Magistrate having rejected the ‘B’ report has issued summons to the petitioners and thereafter has issued NBW against the petitioners. It is under these circumstances, the petitioners are apprehending arrest in this case.

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Considering the aforesaid aspects of the matter, I

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am of the opinion that the prayer made by the petitioners for grant of Anticipatory Bail in this petition needs to be answered in the affirmative.

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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 petitioners in the event of their arrest in Crime No.132/2021 registered by Huliyurdurga Police Station, Kunigal, Tumakuru, for the offences punishable under Sections 465, 468, 471, 419 and 506 of IPC, subject to the following conditions:

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5 - NC: 2025:KHC:12811 CRL.P No. 3045 of 2025

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The Petitioners 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/each with two sureties for the likesum to the satisfaction of the investigating officer.

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

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

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The petitioners shall not involve in similar offences in future.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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ND

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List No.: 1 Sl No.: 55

Sri Jayaramaiah H S v. the State of Karnataka

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Sri Jayaramaiah H S v. the State of Karnataka

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