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Karnataka High Court
Harischandra M Mendon vs State Of Karnataka on 19 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2026:KHC:10105
CRL.P No. 16542 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. 16542 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. HARISCHANDRA M MENDON
S/O MAHABALA PUTRAN
AGED ABOUT 73 YEARS
R/AT No.5-143E, NS ROAD
INDIRA NIVAS, HEJAMADI POST
UDUPI DISTRICT - 574 103.
...PETITIONER
(BY SRI JAYANTHA POOJARY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY STATION HOUSE OFFICER
PADUBIDRI POLICE STATION
Digitally signed by
UDUPI DISTRICT- 574 111.
LAKSHMINARAYANA REPRESENTED BY STATE PUBLIC PROSECUTOR
MURTHY RAJASHRI
HIGH COURT BUILDING
Location: HIGH
COURT OF BENGALURU - 560 001.
KARNATAKA
...RESPONDENT
(BY SRI HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (FILED
UNDER SECTION 482 BNSS) PRAYING TO RELEASE THE
PETITIONER IN THE EVENT OF HIS ARREST IN RESPECT OF
CR.NO.120/2025 OF PADUBIDRI POLICE STATION FOR THE
OFFENCE P/U/S 417,419,420,465,468,471 OF IPC AND SEC.35
OF ADHAR ACT 2016.
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NC: 2026:KHC:10105
CRL.P No. 16542 of 2025
HC-KAR
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
1. This petition is filed by the sole accused under
Section 482 of BNSS praying to grant anticipatory bail in
Crime No. 120/2025 of Padubidri Police Station registered
for offence under Sections 417, 419, 420, 465, 468, 471
of IPC and Section 35 of Aadhar Act, 2016.
2. Heard learned counsel for petitioner and
learned HCGP for respondent - State.
3. Learned counsel for petitioner would contend
that the allegation in the averments of complaint is that
Aadhar card number of the first informant has been used
in the sale deed executed in favour of the petitioner. There
is no allegation that the property belongs to the first
informant. Petitioner has mentioned the Aadhar number of
his vendor in the sale deed based on the information given
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HC-KAR
by the vendor. Said sale deed has been executed by the
petitioner in favour of himself as a GPA holder of the
vendor. Said act of the petitioner is a bona fide mistake.
Petitioner is ready to rectify the said mistake by getting
the correction deed executed, correcting the Aadhar
number of his vendor in the sale deed. Petitioner is aged
73 years and he is suffering from age-related ailments.
Petitioner is ready to cooperate with the Investigating
Officer in the investigation and abide by any conditions to
be imposed by this Court. The offences alleged against the
petitioner are not punishable either with death or
imprisonment for life. There are no criminal antecedents of
the petitioner. With this, he prayed to allow the petition.
4. Per contra, learned HCGP would contend that
petitioner has executed sale deed in his own favour as a
GPA holder of the vendor. In the GPA deed also the
Aadhar number of the executant is not mentioned. The
Aadhar number of the first informant has been misused by
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the petitioner. Petitioner is required for custodial
interrogation. With this, he prayed to reject the petition.
5. Having heard learned counsel for the parties,
the Court has perused the FIR, complaint and other
materials placed on record.
6. One Sri. Krishna Murthy, son of Narayanappa,
aged 72 years, resident of Hejamadi Village, had executed
GPA dated 09.12.2021 in favour of the petitioner, in
respect of his property, bearing survey No. 58/12B,
measuring 23 cents, situated in Hejamadi Village. Based
on the said GPA, petitioner had executed sale deed in his
own favour as a GPA holder of the vendor in respect of the
said property by registered sale deed dated 15.12.2021.
In the said sale deed Aadhar number of vendor Sri.
Krishna Murthy has been mentioned. Averments in the
first information indicate that Aadhar number mentioned in
front of the name of Sri. Krishna Murthy is of the first
informant. What is the basis for mentioning the Aadhar
number of the first informant in the sale deed dated
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HC-KAR
15.12.2021 is a matter of investigation. The offence
alleged against petitioner is not punishable either with
death or imprisonment for life. Petitioner is aged 73 years
and he has undertaken to cooperate with Investigating
Officer in the investigation and abide by any conditions to
be imposed by this Court. There are no criminal
antecedents of the petitioner.
7. Considering the above aspects, petitioner has
made out case for grant of anticipatory bail with
conditions.
In the result, the following;
ORDER
Petition is allowed. Petitioner is ordered to be
released on bail in the event of his arrest in Crime No.
120/2025 of Padubidri Police Station subject to following
conditions:
I. Petitioner shall voluntarily appear before the
Investigating Officer within 15 days from this day
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and execute bail bond for a sum of Rs.1,00,000/-
with one surety for the likesum to the satisfaction of
the Investigating Officer.
II. Petitioner shall appear before the Investigating
Officer whenever called for and cooperate for
investigation.
III. Petitioner shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court
or to any Police officer or tamper with the evidence.
IV. In case of filing of chargesheet, petitioner shall
appear before the trial Court on all dates of hearing,
unless exempted and cooperate for speedy disposal
of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 20
Ct-sm
