[Cites 13, Cited by 0]
Karnataka High Court
Prasad.K.S vs State Of Karnataka on 19 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10336
CRL.P No. 15907 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15907 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
PRASAD.K.S,
S/O KRISHNAPPA,
AGED ABOUT 39 YEARS,
R/AT NO.36/05/36, 8TH CROSS,
PAPAREDDYPALYA, NAGARABHAVI 2ND STAGE,
BANGALORE NORTH - 560 072.
...PETITIONER
(BY SRI. LOKESHA M., ADVOCATE)
AND:
STATE OF KARNATAKA
REP BY CCB EOW POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
Digitally signed by
HIGH COURT COMPLEX,
LAKSHMINARAYANA BENGALURU - 01.
MURTHY RAJASHRI
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA (BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE
RESPONDENT POLICE AND I A.C.J.M., BENGALURU TO
RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE
EVENT OF HIS ARREST IN CRIME NO.26/2024 AND IN
C.C.NO.29424/2025 FOR AN OFFENCES PUNISHABLE UNDER
-2-
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CRL.P No. 15907 of 2025
HC-KAR
SECTIONS 406, 418, 420, 465, 468, 471, 114, 384 AND 120(b)
READ WITH SECTION 34 OF IPC, 1860 IN THE ABOVE CASE.
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 No.10 under Section
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.26/2024 of CCB
(EOW) Police Station, pending in C.C.No.29424/2025 on
the file of I Additional Chief Judicial Magistrate, Bengaluru,
registered for offences punishable under Sections 406,
418, 420, 465, 468, 471, 114, 384 and 120(b) read with
Section 34 of Indian Penal Code.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
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3. Learned counsel for petitioner would contend
that, he has affixed the signature as witness to the Gift
Deed executed by accused No.7 in favour of his son -
accused No.1. The amount received by this petitioner in a
sum of Rs.5,00,000/- plus Rs.5,00,000/- is the amount he
lent to accused No.6 and it is repaid through accused
No.1. The petitioner is not witness to any of the Sale
Deeds executed in favour of accused Nos.2 to 4. Accused
Nos.1, 5 and 6 have been granted bail by the Magistrate.
Now, the charge sheet has been filed and therefore the
petitioner is not required for custodial interrogation. The
offences against the petitioner are not punishable either
with death or imprisonment for life. The petitioner is 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, accused No.1
is a rowdy sheeter. This petitioner has affixed his
signature as witness to the Gift Deed created by accused
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Nos.1 and 7 in respect of property belonging to C.W.3 -
Smt. Vimala. The petitioner has got the benefit of
Rs.5,00,000/- plus Rs.5,00,000/- transferred to his
account by accused No.1. The charge sheet materials
show that, there is a prima-facie case against the
petitioner for offences alleged against him. 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.
6. On perusal of the charge sheet, the accusation
against this petitioner is that he has affixed his signature
as a witness to the Gift Deed executed by accused No.7 in
favour of his son - accused No.1 in respect of property
bearing site Nos.15 and 16 which were not belonging to
accused No.7 and inconsequence he has received
Rs.5,00,000/- plus Rs.5,00,000/- to his account from
accused No.1. Now, the charge sheet has been filed and
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therefore the petitioner is not required for custodial
interrogation. The offences alleged against the petitioner
are not punishable either with death or imprisonment for
life. There are no criminal antecedents of the petitioner.
7. Considering all the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted anticipatory bail in Crime No.26/2024 of CCB
(EOW) Police Station, pending in C.C.No.29424/2025 on
the file of I Additional Chief Judicial Magistrate, Bengaluru
and is ordered to be released on bail in the event of his
arrest, subject to following conditions:
i) The petitioner 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) with one surety for the
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like-sum to the satisfaction of the
jurisdictional Court.
ii) The petitioner shall not tamper the
prosecution witnesses either directly or
indirectly.
iii) The petitioner 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.: 28
