Karnataka High Court
Sri Jayaramaiah H S vs The State Of Karnataka on 26 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:12811
CRL.P No. 3045 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3045 OF 2025
BETWEEN:
1. SRI JAYARAMAIAH H S
S/O. LATE B. SIDDALINGAIAH,
AGED ABOUT 57 YEARS,
R/AT HALEPETE, HULIYURDURGA VILLAGE,
HULIYURDURGA HOBLI,
KUNIGAL TALUK -572123
2. SMT. PREMA,
W/O. LATE SIDDALINGAIAH,
AGED ABOUT 55 YEARS,
R/AT NO.448, 4TH CROSS,
3RD MAIN, NEAR AMBIKA
HIGH SCHOOL, JAI MARUTHI NAGAR,
NANDINI LAYOUT,
BENGALURU NORTH,
Digitally signed BENGALURU -560096
by NIRMALA
DEVI 3. SMT. JAYALAKSHMAMMA,
Location: W/O. JAYARAMAIAH H.S,
HIGH COURT AGED ABOUT 42 YEARS,
OF R/AT HALEPETE,
KARNATAKA HULIYURDURGA VILLAGE,
HULIYURDURGA HOBLI,
KUNIGAL TALUK -572123
...PETITIONERS
(BY SRI. LETHIF B., ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY HULIYURDURGA POLICE STATION
KUNIGAL TALUK,
TUMKUR DISTRICT
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NC: 2025:KHC:12811
CRL.P No. 3045 of 2025
REP. BY SPP, HIGH COURT BUILDING,
BANGALORE-560001.
...RESPONDENT
(BY SRI. K NAGESHWARAPPA ., HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS)
PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF THEIR
ARREST IN C.C.NO.1792/2024 (CR.NO.132/2021) HULIYURDURGA
P.S. FOR THE OFFENCE P/U/S 465,468,471,419,506 OF IPC PENDING
ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND J.M.F.C AT
KUNIGAL AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 3 in CC No.1792/2024 pending before
the Court of Senior Civil Judge and JMFC, Kunigal, arising out of
Crime No.132/2021 registered by Huliyurdurga Police Station,
Kunigal, Tumakuru, for the offences punishable under Sections
465, 468, 471, 419, 506 of IPC are before this Court under
Section 438 of the Cr.P.C., seeking for Anticipatory Bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.132/2021 was registered by
Huliyurdurga Police Station, Kunigal, Tumakuru, for the
aforesaid offences based on the first information dated
6.7.2021 received from B.Siddalingaiah, against the petitioners
herein and others. Apprehending arrest in the said case, the
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petitioners had filed Crl.Misc.No.235/2025 before the
jurisdictional Sessions Court, which was rejected on 21.2.2025.
Therefore, they are before this Court.
3. Learned counsel for the petitioners having
reiterated the grounds urged in the petition prays to allow the
petition.
4. Per contra, the learned HCGP opposed the petition.
5. A perusal of the material on record would go to
show that the allegation in the first information submitted by
the first informant B.Siddalingaiah against the petitioners is
that they had created certain fraudulent documents and based
on the said documents revenue entries in respect of lands
bearing Sy.Nos.7/1A and 7/1B of Lakkashettipura village,
Huliyurdurga Hobli, Tumakuru, were changed. The material
produced by the learned counsel for the petitioners would go to
show that challenging the entries in respect of the lands
bearing Sy.Nos.7/1A and 7/1B, proceedings were initiated by
the first informant and others before the jurisdictional Assistant
Commissioner, who had dismissed the same and thereafter, the
said order was unsuccessfully challenged in an appeal before
the Deputy Commissioner. The material on record also goes to
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show that there is a civil dispute between the parties in respect
of certain other items of land and the first informant and his
relatives had filed OS No.281/1997 which was also dismissed
by judgment and decree dated 31.3.2023. In the present case,
after investigation, the police had filed 'B' report and the
learned Magistrate having rejected the 'B' report has issued
summons to the petitioners and thereafter has issued NBW
against the petitioners. It is under these circumstances, the
petitioners are apprehending arrest in this case.
6. Considering the aforesaid aspects of the matter, I
am of the opinion that the prayer made by the petitioners for
grant of Anticipatory Bail in this petition needs to be answered
in the affirmative.
7. 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.132/2021 registered by Huliyurdurga Police Station,
Kunigal, Tumakuru, for the offences punishable under Sections
465, 468, 471, 419 and 506 of IPC, subject to the following
conditions:
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1. 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.
2. Petitioners shall regularly appear before the
Trial Court without fail unless exempted by the Trial
Court for valid reasons.
3. Petitioners shall not tamper with the
prosecution witness and they shall co-operate with
the police for investigation and appear before them
whenever called upon.
4. The petitioners shall not involve in similar
offences in future.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
ND
