[Cites 12, Cited by 0]
Karnataka High Court
Sri G R Partha Sarathi vs State Of Karnataka on 18 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:9963
CRL.P No. 13882 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 13882 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
1. SRI G.R. PARTHA SARATHI
S/O RATHNAM,
AGED 62 YEARS,
2. SMT M. SARASWATHI
S/O G.R. PATHASARATHI,
AGED 54 YEARS,
BOTH ARE RESIDING AT
NO.1694, 2A BLOCK, AEGS LAYOUT,
NEAR HDFC BANK, HOSA ROAD,
SINGASANDRA,
BENGALURU - 560 068.
...PETITIONERS
(BY SRI. RAGHAVENDRA A.V., ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI AND:
Location: HIGH
COURT OF
KARNATAKA
STATE OF KARNATAKA
MADIWALA POLICE STATION,
BENGALURU,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
-2-
NC: 2026:KHC:9963
CRL.P No. 13882 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO PASS AN ORDER IN
CRIME NO.583/2009 (C.C.NO.19518/2010) OF MADIWALA
POLICE STATION AT BENGALURU AND ALSO PENDING BEFORE
VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU
TO RELEASE THEM ON ANTICIPATORY BAIL IN THE EVENT OF
THEIR ARREST, REGISTERED FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTIONS 419, 420, 447, 448, 471, 474
AND 506 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused Nos.1 and 2 under
Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023
praying to grant anticipatory bail in Crime No.583/2009 of
Madivala Police Station, pending in C.C.No.19518/2010 on
the file of VI Additional Chief Judicial Magistrate,
Bengaluru, registered for offences punishable under
Sections 419, 420, 447, 448, 471, 474 and 506 of Indian
Penal Code.
NC: 2026:KHC:9963
HC-KAR
2. Heard learned counsel for petitioners and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioners would contend
that, the case has been registered against the petitioners
on the basis of the private complaint filed by the
complainant. The said private complaint has been referred
to Police and Police registered FIR. After the investigation,
charge sheet has been filed against the petitioners. The
petitioners have not received any notice, warrant or
summons from any Court. The petitioners are residing in
the address shown in the petition and in support of the
same, Aadhar cards of the petitioners are produced. The
proclamation alleged to have been published is not in the
address of the petitioners. Petitioner No.2 who is the wife
of petitioner No.1 has filed a complaint in the same Police
Station i.e., Madivala Police Station on 25.02.2019 and
she has not been arrested on that day when she went to
Madivala Police Station for filing complaint. The said
NC: 2026:KHC:9963
HC-KAR
aspect indicates that the petitioners are available and no
notice, summons or warrant have been served on them.
The petitioners are ready to abide by any conditions to be
imposed by this Court. With these, he prayed to allow the
petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, earlier, the
petitioners have sold the property to C.W.1 and C.W.2.
Subsequently, sold the same property to C.W.6 and C.W.7
and cheated C.W.1 and C.W.2. The charge sheet has been
filed against the petitioners. The petitioners inspite of
issuance of NBW have not appeared and proclamation has
been published. Therefore, the petitioners are not entitled
for grant of anticipatory bail. With these, he prayed for
dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the charge sheet and
other materials placed on record.
NC: 2026:KHC:9963
HC-KAR
6. The petitioners are accused Nos.1 and 2 and
charge sheet has been filed against them in Crime
No.583/2009 and in the charge sheet, the petitioners have
been shown as absconding. The address shown in the
petition and Aadhar card of the petitioners are same. The
proclamation has been issued to address mentioned in the
charge sheet and it has been published on 05.01.2019 as
per mahazer dated 05.01.2019. Petitioner No.2 who is the
wife of petitioner No.1 has appeared before the same
Police Station i.e., Madivala Police Station and filed a
complaint on 25.02.2019 and it is registered in NCR
No.72/2019. Even though, petitioner No.2 has appeared
before the same Police Station, she has not been arrested.
The address mentioned in the said Police acknowledgment
is 'A' Block, AECS Layout, Singasandra, Bengaluru.
Considering the said aspect, it is clear that the petitioners
are not aware of filing of charge sheet against them.
NC: 2026:KHC:9963
HC-KAR
7. The Hon'ble Apex Court in the case of ASHA
DUBEY vs. STATE OF MADHYA PRADESH reported in
2024 SCC Online SC 5633, has held as under:
"8. Coming to the consideration of
anticipatory bail, in the event of the declaration
under Section 82 of the Cr.P.C., it is not as if in
all cases that there will be a total embargo on
considering the application for the grant of
anticipatory bail.
9. When the liberty of the appellant is
pitted against, this Court will have to see the
circumstances of the case, nature of the offence
and the background based on which such a
proclamation was issued. Suffice it is to state
that it is a fit case for grant of anticipatory bail,
on the condition that the appellant shall
cooperate with the further investigation.
However, liberty is also given to the respondents
to seek cancellation of bail that has been
granted, in the event of a violation of the
conditions which are to be imposed by the Trial
Court or if there are any perceived threats
against the witnesses."
NC: 2026:KHC:9963
HC-KAR
The offences alleged against the petitioners are not
punishable either with death or imprisonment for life.
8. Considering the circumstances of the case,
nature of the offence and background based on which such
a proclamation was issued, the petitioners are entitled to
grant of anticipatory bail with conditions. In the result, the
following;
ORDER
The Criminal Petition is allowed. The petitioners are
granted anticipatory bail in Crime No.583/2009 of
Madivala Police Station, pending in C.C.No.19518/2010 on
the file of VI Additional Chief Judicial Magistrate,
Bengaluru and are ordered to be released on bail in the
event of their arrest, subject to following conditions:
i) The petitioners shall voluntarily appear
before the jurisdictional Court within 15
days from this day and execute bail bond
for a sum of Rs.1,00,000/- (Rupees One
Lakh only) each with one surety for the
NC: 2026:KHC:9963
HC-KAR
like-sum to the satisfaction of the
jurisdictional Court.
ii) The petitioners shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioners shall appear before the trial
Court on all dates hearing unless exempted
and co-operate for speedy disposal of the
case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 31
