Sri H L Ramakrishna Vs the State of Karnataka

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NC: 2026:KHC:26671 CRL.P No. 6404 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2026 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6404 OF 2026

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BETWEEN:

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SRI H.L. RAMAKRISHNA S/O LATE HUDERI LAKSHMANA AGED ABOUT 63 YEARS PERMANENT RESIDENT OF MADE VILLAGE AND POST, MADIKERI TALUK KODAGU DISTRICT.

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…PETITIONER

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(BY SRI RANJAN KUMAR K, ADV.)

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AND:

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THE STATE OF KARNATAKA BY MADIKERI RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001.

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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H.L. GANAPATHI S/O LATE HUDERI LAKSHMANA AGED 53 YEARS MADE VILLAGE AND POST MADIKERI TALUK.

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H.L. MUTHAPPA S/O LATE HUDERI LAKSHMANA AGED 60 YEARS MADE VILLAGE AND POST MADIKERI TALUK.

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M.J. BHAVANI W/O M.S. JAYACHANDRA AGED 54 YEARS C/O M.S. JAYACHANDRA ADVOCATE, MADIKERI.

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NC: 2026:KHC:26671 CRL.P No. 6404 of 2026

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HC-KAR

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M.S. JAYACHANDRA S/O LATE SOMANNA AGED 58 YEARS ADVOCATE, UGGAPPA BUILDING KOHINOOR ROAD, MADIKERI.

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…RESPONDENTS

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(BY SRI VINAY MAHADEVAIAH, HCGP FOR R1)

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THIS CRL.P IS FILED U/S 439(2) CR.PC (FILED U/S 483(3) OF BNSS) PRAYING TO CANCEL THE BAIL GRANTED TO RESPONDENTS 1 TO 5 BY THIS HONORABLE COURT IN CRL. MISC. NO. 540/2025 DATED 25.11.2025.

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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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This petition under Section 483(3) of BNSS, 2023, is filed by the defacto complainant to cancel the anticipatory bail granted to respondent No.2 to 5 by the Court of Principal District and Sessions Judge, Kodagu at Madikeri in Crl.Misc.No.540/2025 by order dated 25.11.2025.

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Heard the learned counsel for the petitioner and the learned HCGP for the respondent No.1 - State.

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Petitioner herein has filed a complaint pending before the jurisdictional Court of Magistrate which was referred under Section 156(3) of Cr.P.C. and FIR was registered in Crime

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3 - NC: 2026:KHC:26671 CRL.P No. 6404 of 2026

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HC-KAR

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No.197/2025 for the offences punishable under Sections 336(3), 49, 61(2)(a) read with Section 3(5) of BNS, 2023, against respondent Nos.2 to 5 herein.

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A reading of the private complaint makes it very clear that there is a property dispute between petitioner and respondent Nos.2 to 5 herein and the petitioner has already filed OS No.31/2012 before the jurisdictional Civil Court at Madikeri, which was partly decreed on 28.02.2025. The allegation in the complaint is that after disposal of the suit, final decree proceedings was filed in FDP No.4/2025 and in the said proceedings, signature of the petitioner in the vakalath was forged and handed over to accused No.5, who is an Advocate and the said Vakalath was submitted before the Trial Court in FDP No.4/2025.

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It is not the case of the petitioner that accused persons have violated any of the bail conditions imposed by the jurisdictional Sessions Court in its order passed in Crl.Misc.No.540/2025. The only contention raised before this Court is that considering the nature of allegations found in the complaint, learned Sessions Judge was not justified in granting

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4 - NC: 2026:KHC:26671 CRL.P No. 6404 of 2026

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HC-KAR

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anticipatory bail to the accused persons. Material on record reveal that there is a civil dispute between the parties and the accused are not persons with criminal antecedents. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Considering the nature of allegations found in the complaint, custodial interrogation of the accused persons does not become very much necessary. It is under these circumstances, the learned Sessions Judge by a reasoned order appears to have granted anticipatory bail to the accused in Crime No.197/2025 registered by Madikeri Rural Police Station, Kodagu. Under the circumstances, I do not find any good ground to cancel the said anticipatory bail granted to respondent Nos.2 to 5, who are accused in Crime No.197/2025 registered by Madikeri Rural Police Station, Kodagu. Accordingly, the petition is dismissed .

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DN

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List No.: 1 Sl No.: 8

Sri H L Ramakrishna v. the State of Karnataka

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Sri H L Ramakrishna v. the State of Karnataka

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