T Mylarappa Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

T Mylarappa Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners (Accused Nos.4, 5, 9 and 10 in Crime No.501/2025): police directed to release them in the event of arrest, subject to appearing before the Investigating Officer within 15 days, executing a personal bond of Rs.1,00,000 each with two sureties for the like sum, regular trial-court attendance, non-tampering with witnesses, cooperation with investigation, and non-involvement in similar offences.

Issue for consideration

Whether the petitioners, Accused Nos.4, 5, 9 and 10 in Crime No.501/2025 (offences punishable under Sections 318(4), 340(2), 336(3), 336(2), 319(2) and 190 of BNS, 2023), are entitled to anticipatory bail under Section 482 of BNSS, 2023, on parity with co-accused Nos.6 to 8 and 11 to 13 who were already granted anticipatory bail in Crl.P.No.5907/2026.

Court's answer

Since the allegations against the petitioners are undisputedly similar to those against Accused Nos.6 to 8 and 11 to 13, who were granted anticipatory bail in Crl.P.No.5907/2026, the prayer for anticipatory bail is answered affirmatively on the ground of parity.

Ratio / Principle

Petition 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.501/2025, subject to conditions: appearance before the Investigating Officer within 15 days with a personal bond of Rs.1,00,000 each with two like-sum sureties; regular appearance before the Trial Court; no tampering with prosecution witnesses and cooperation with police investigation; and abstention from similar offences in future.

Detailed headnote1 paragraphs

Anticipatory bail - granted solely on ground of parity. Accused Nos.4, 5, 9 and 10 in Crime No.501/2025 (Chitradurga Rural Police Station), registered for offences punishable under Sections 318(4), 340(2), 336(3), 336(2), 319(2) and 190 of the Bharatiya Nyaya Sanhita, 2023, approached the High Court under Section 482 of the BNSS, 2023 seeking pre-arrest bail. Co-accused Nos.6 to 8 and 11 to 13 had already been granted anticipatory bail in Crl.P.No.5907/2026 (order dated 17.06.2026), in which the Court had noted the absence of specific allegations in the first information dated 10.12.2025, the petitioners' claim of right over the scheduled property under the decree in OS No.243/2007, that the offences were Magistrate-triable with a seven-year maximum punishment, and the absence of criminal antecedents. Holding the allegations against the present petitioners to be undisputedly similar, the Court held their prayer required an affirmative answer on the ground of parity. Petition allowed; release on arrest directed subject to appearance before the Investigating Officer within 15 days, personal bond of Rs.1,00,000 each with two like-sum sureties, regular trial-court attendance, non-tampering with witnesses, cooperation with investigation, and abstention from similar offences.

1 -

NC: 2026:KHC:38175 CRL.P No. 8801 of 2026

HC-KAR

CNR: KAHC010414842026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8801 OF 2026

BETWEEN:

T. MYLARAPPA, AGED ABOUT 59 YEARS, S/O TEJAPPA, R/AT KASTURIBA NAGAR, DODDABBIGERE POST, SANTHEBENNUR HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577 213.

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

SRI. T. KRISHNAPPA, AGED ABOUT 66 YEARS, S/O TEJAPPA, R/AT TUREBAILU, BHEEMASAMUDRA, CHITRADURGA TALUK CHITRADURGA-577501.

RAVIKUMAR. T S/O TEJAPPA, AGED ABOUT 50 YEARS R/AT VINAYAKA NAGARA, SANTHEBENNURU, CHANNAGIRI TALUK, DAVANAGERE-577213.

SRI. GOPI K. AGED ABOUT 35 YEARS, S/O KRISHNAPPA, R/AT TUREBAILU, BHEEMASAMUDRA,

2 -

NC: 2026:KHC:38175 CRL.P No. 8801 of 2026

HC-KAR

CNR: KAHC010414842026

CHITRADURGA TALUK, CHITRADURGA-577501.

…PETITIONERS

(BY SRI. LOKESHA D.K., ADVOCATE)

AND:

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

…RESPONDENT

(BY SRI. RANGASWAMY .R., HCGP)

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.501/2025 REGISTERED BY THE CHITRADURGA RURAL POLICE STATION, CHITRADURGA, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 340(2), 336(3), 336(2) AND 319(2) R/W SECTION 190 OF BHARATIYA NYAYA SANHITA, 2023., PENDING ON THE FILE OF THE LEARNED 1^ST ADDL. CIVIL JUDGE, (JR.DN.) AND JMFC COURT, CHITRADURGA DISTRICT, CHITRADURGA, BY ALLOWING THIS PETITION.

THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

3 -

HC-KAR

NC: 2026:KHC:38175 CRL.P No. 8801 of 2026

CNR: KAHC010414842026

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused Nos.4, 5, 9 and 10 in Crime No.501/2025 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 318(4), 340(2), 336(3), 336(2), 319(2) and 190 of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioners submits that

allegation as against all the accused is similar in the first information. Accused Nos.6 to 8 and 11 to 13 have been granted anticipatory bail by this Court in Crl.P.No.5907/2026 vide order dated 17.06.2026. Petitioners do not have any criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

4 -

HC-KAR

NC: 2026:KHC:38175 CRL.P No. 8801 of 2026

CNR: KAHC010414842026

4. Learned HCGP, who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioners.

5. This Court in Crl.P.No.5907/2026 disposed off on 17.06.2026 has granted anticipatory bail to accused Nos.6 to 8 and 11 to 13 in the present case. In paragraph Nos.4 and 5 of the said order, it is observed as follows:-

"4. Learned counsel for the petitioners during the course of arguments has produced a decree passed in OS No.243/2007 by the jurisdictional Civil Court in which some of the accused are parties and has submitted that property bearing Sy.No.21/1P was the subject matter of the said suit which was filed for partition. After phodi, the said property is now renumbered as Sy.No.21/6 of Dindadahalli Village, which is the subject matter of the alleged Sale Deed dated 17.05.2025. According to the first informant, the aforesaid property was purchased by him under registered Sale Deed dated 27.09.2008.

5. In the first information, which is submitted on 10.12.2025, there is no specific allegations as against the petitioners herein and material made available to the Court would go to show that petitioners claim right over the property, which is subject matter of the Sale Deed, under the decree granted in OS No.243/2007. Be

5 -

HC-KAR

NC: 2026:KHC:38175 CRL.P No. 8801 of 2026

CNR: KAHC010414842026

that as it may, the alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Amongst the petitioners herein, four of them are married ladies. It is not in dispute that petitioners do not have any criminal antecedents. They have undertaken to co-operate with the police for the purpose of investigation…."

6. Undisputedly, the allegations found as against the petitioners herein and the accused who have been granted anticipatory bail in Crl.P.No.5907/2026 are similar. Under the circumstances, I am of the opinion that their prayer for grant of anticipatory bail needs to be answered affirmatively, on the ground of parity. Accordingly, the following order:-

7. T he 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.501/2025 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 318(4), 340(2), 336(3), 336(2) 319(2) and 190 of BNS, 2023, s ubject to the following conditions:

6 -

HC-KAR

NC: 2026:KHC:38175 CRL.P No. 8801 of 2026

CNR: KAHC010414842026

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.

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

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

The petitioners shall not involve in similar offences in future.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 64