Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4183 OF 2025 BETWEEN: PREM INFANT RAJ S/O PUSHA RAJ AGED ABOUT 32 YEARS R/AT #10, 2ND CROSS 7TH MAIN, FOOT BALL CLUB, MV GARDEN, HALASURU BANGALORE - 56008. …PETITIONER (BY SRI JOHNSON J, ADV.) AND: STATE BY STATION HOUSE OFFICER BIYAPINAHALLI POLICE STATION BANGALORE CITY (REPRESENTED BY STATE PUBLIC PROSECUTOR)
Digitally …RESPONDENT signed by NANDINI MS (BY SRI VINAY MAHADEVAIAH, HCGP) Location: THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) HIGH COURT OF KARNATAKA PRAYING TO ENLARGED ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CRIME NO.308/2024 OF BIYAPINAHALLI POLICE STATION, PENDING ON THE FILE OF THE LERNED XTH ACMM, BANGALORE FOR O/P/U/S 120B, 420, 468, 506 R/W SEC 34 OF THE IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER: -2- CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.5 in Crime No.308/2024 registered by
Byappanahalli Police Station, Bengaluru City, for the offences punishable under Sections 506, 34, 120B, 420 and 468 of IPC, is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.308/2024 was registered by
Byappanahalli Police Station, Bengaluru City, against accused Nos.1 to 7 based on the first information received from Suresh G U, S/o G M Uttayya on 07.12.2024. Apprehending arrest in the said case, petitioner herein, who is arraigned as accused No.5 in the FIR had filed Crl.Misc.No.26166/2024 before the jurisdictional Sessions Court which was rejected on 24.01.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that accused Nos.2 and 4 have been granted anticipatory bail by this Court in Crl.P.No.1350/2025 C/w Crl.P.No.1303/2025. Petitioner has -3- no other criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner.
6. A perusal of the averments made in the first information
would go to show that one Sri. S. Kalyana Sundaram and his wife Smt. Bhavya B. V, are allegedly the owners of the property bearing Site No.16, Khata No.32/7/16, BBMP Ward No.57, C. V. Raman Nagar, Old H.A.Sanitary Board, Old BBMP Ward No.83, kaggadasapura Village and as per the averments in the first information, the owners of the property had negotiated with the first informant to sell the property for a total sale consideration of Rs.1,34,00,000/- and advance of Rs.80 lakhs was paid and agreement of sale was also prepared. It is alleged that after a period of one year, when he contacted accused No.5, who was the person who had negotiated the sale between the parties, he allegedly introduced accused Nos.1 to 4 who promised that they will get the house registered in the name of first informant and demanded a sum of Rs.15 lakhs from him. It is further
-4- alleged that accused Nos.1 to 4 had created a GPA and based on the same, Sale Deed was registered in favour of first informant. Accused Nos.2 and 4 have been granted anticipatory
bail by the Co-ordinate Bench of this Court in Crl.P.No.1350/2025 C/w Crl.P.No.1303/2025. Undisputedly, petitioner has no other criminal antecedents. He has
undertaken to cooperate with the police for the purpose of investigation. Considering the nature of allegations found against him, I am of the opinion that the prayer made for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-
7. The petition is allowed. The respondent - Police or any
other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.308/2024 registered by Byappanahalli Police Station, Bengaluru City, for the offences punishable under Sections 506, 34, 120B, 420 and 468 of IPC, subject to the following conditions:
1. The Petitioner 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/- -5- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN