Sri Gangarevanna Vs State by

PETITIONER NOS.1 TO 4 ARE R/AT TAVAKERE VILLAGE, SRI. SIDDALINGAPPA BHADAVANE, BEHIND PANCHAMUKHI GANAPATHI, HIGH SCHOOL, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK- 562 130.

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SMT. LEELAMBA, W/O. C.S. CHANDRASHEKAR, AGED ABOUT 38 YEARS, R/AT NO.23/A, 406, 4^TH MAIN ROAD,

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VIRUSHABHAVATHI NAGARA, BENGALURU- 560 079.

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HC-KAR

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SRI. RENUKA PRASAD, S/O. CHIKKAHONNAPPA, AGED ABOUT 45 YEARS, R/AT MOTAGANAHALLI VILLAGE, SOLURU HOBLI, MAGADI TALUK, BENGALURU SOUTH TALUK- 562 132.

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…PETITIONERS

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(BY SRI. GIREESHA RJ.,ADVOCATE) AND:

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STATE BY TAVAREKERE POLICE, RAMANAGARA DISTRICT - 562 130. REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU -560 001.

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…RESPONDENT

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(BY SRI.MOHD. AYUB ALI, 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 TO THE PETITIONER IN EVENT OF THEIR ARREST IN CRIME NO.823/2015 (C.C.NO.164/2020) FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 143, 149, 447, 468, 504, 506 OF IPC REGISTERED BY THE TAVAREKERE POLICE NOW PENDING ON THE FILE OF THE LEARNED II ADDL CIVIL JUDGE AND JMFC MAGADI.

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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 accused Nos.2, 4, 7, 8, 9 and

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15 under Section 482 of Bharatiya Nagarik Suraksha

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HC-KAR

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Sanhita, 2023 praying to grant anticipatory bail in CC No.164/2020 arising out of Crime No.823/2015 of Tavarekere Police Station pending on the file of the learned II Additional Civil Judge and JMFC, Magadi registered for the offences punishable under Sections 143, 149, 447, 468, 504 and 506 of IPC.

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Heard the learned counsel for petitioners and the learned Additional State Public Prosecutor for respondent/State.

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The learned counsel for petitioners would contend that the petitioners and other accused are in possession of the property and they constructed a building based on the sale deed purchased by them. The complainant has filed a civil suit in O.S. No. 151/2016, wherein he has sought delivery of possession and a declaration that the sale deed and GPA are null and void and not binding. The petitioners are not aware of the filing of any charge sheet against them, nor have they received any summons from the Court. They now apprehend their

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4 -

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NC: 2026:KHC:10543 CRL.P No. 17155 of 2025

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HC-KAR

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arrest, as the summons are stated to have been issued against them. One of the offences alleged against them is provided with punishment of imprisonment which may extend to seven years. The petitioners are ready to appear before the Trial Court on all dates of hearing and cooperate for speedy disposal of the case. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

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Per contra, the learned Additional State Public Prosecutor for respondent/State would contend that earlier the petitioners tried to interfere with the possession of the property of the complainant. The petitioners subsequently, took possession of the property illegally, and therefore, the complainant has filed a suit against them. The claim of petitioners is on based on fabricated documents. With this, he prayed to reject the petition.

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Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record.

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HC-KAR

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As per the charge sheet, the case of the

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prosecution is that the accused persons fabricated documents relating to the purchase of the property, trespassed into the property, constructed houses thereon, abused CW1 when he went to the spot, and threatened him with dire consequences, including taking his life. The investigation is over and charge sheet has been filed. On perusal of the order sheet of the Trial Court, summons have been issued against the petitioners to appear before the Trial Court. One of the offences alleged is provided with punishment of imprisonment which may extend to seven years. Considering the said aspect, there is threat of arrest of these petitioners. The petitioners have undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners.

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7. Considering the above aspects, the petitioners

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have made out a case for grant of anticipatory bail with conditions.

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HC-KAR

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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 petitioners are ordered to be released on

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bail in the event of their arrest CC No.164/2020 arising

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out of Crime No.823/2015 of Tavarekere Police Station pending on the file of the learned II Additional Civil Judge and JMFC, Magadi registered for the offences punishable under Sections 143, 149, 447, 468, 504 and 506 of IPC subject to following:

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a) The petitioners shall voluntarily appear

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before the Trial Court within fifteen days from this day and execute bail bond for a sum of Rs.1,00,000/- each with one surety for the like

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sum to the satisfaction of the Trial Court.

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b) The petitioners shall not tamper the prosecution witnesses either directly or indirectly.

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