Sri T Gopal Vs the State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITONERS IN THE EVENT OF THEY BEING ARRESTED IN C.CNO.3249/2024(CR.NO.98/2022) FOR THE OFFENCES P/U/S 420 R/W 34 OF IPC WHICH WAS REGISTERED IN NAZARABAD POLICE STATION AT MYSORE, WHICH IS PENDING ON THE FILE OF HONBLE III JMFC COURT AT MYSORE.

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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 Crime No.98/2022 registered by Nazarbad Police Station, Mysuru City, for the offences punishable under Section 420 read with Section 34 of IPC, are before this Court under Section 438 of Cr.P.C. seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.98/2022 was registered by Nazarbad Police Station, Mysuru City, initially for the offences punishable under Sections 34, 420, 467 and 468 of IPC against petitioners and another based on the first information dated 11.05.2022 received from Nagaraju S/o Balachandra T. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.522/2025

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3 -

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NC: 2025:KHC:21877 CRL.P No. 7414 of 2025

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HC-KAR

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which was rejected on 29.04.2025. Therefore, they are before this Court.

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Learned counsel for the petitioners having reiterated the

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grounds urged in the petition has prayed to allow the petition.

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Per contra, learned HCGP has opposed the petition.

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Perusal of the material on record would go to show that private complaint is filed by on Nagaraju S/o Balachandra T which was referred by the Court of Magistrate to the jurisdictional Police. Nazarbad Police in turn have registered FIR in Crime No.98/2022. After completing investigation, charge sheet has been filed in the present case against the petitioners and another for the aforesaid offences. Perusal of the charge sheet material would go to show that accused named in the charge sheet were not arrested. Dispute between the parties appears to be primarily civil in nature. Private complaint which is now filed before the jurisdictional Court of Magistrate appears to be in the nature of civil dispute between the parties. Undisputedly, petitioners do not have any criminal antecedents. Parties are all close relatives. Considering the

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4 - NC: 2025:KHC:21877 CRL.P No. 7414 of 2025

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HC-KAR

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aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners 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 petitioners in the event of their arrest in Crime No.98/2022 registered by Nazarbad Police Station, Mysuru City, for the offences punishable under Section 420 read with Section 34 of IPC, subject to the following conditions:

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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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