[Cites 6, Cited by 0]
Karnataka High Court
Sri Manohar S vs State Of Karnataka on 21 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
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CRL.P No. 16875 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16875 OF 2025
[438(Cr.PC) / 482(BNSS)]
BETWEEN:
SRI. MANOHAR S.,
S/O. SAHNMUGAPPA A.,
AGED ABOUT 64 YEARS,
R/AT NO.94/A, 7TH MAIN,
NADAKUMAR LAYOUT,
CHKKALLASANDRA,
BENGALURU - 560 061.
...PETITIONER
(BY SRI. RAGHAVENDRA A.V., ADVOCATE)
AND:
STATE OF KARNATAKA,
MAGADI ROAD POLICE STATION,
BENGALURU,
REPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDNG,
Digitally signed by
LAKSHMINARAYANA BENGALURU - 560 001.
MURTHY RAJASHRI
Location: HIGH ...RESPONDENT
COURT OF
KARNATAKA
(BY SRI. M.R. PATIL, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF
ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE
TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CRIME NO.204/2025 (PCR NO.15006/2025) OF
MAGADI ROAD POLICE STATION FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 316(1), 316(2), 316(4), 338,
-2-
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CRL.P No. 16875 of 2025
HC-KAR
61 READ WITH 3(5) OF THE BHARATIYA NYAYA SANHITA,
PENDING ON THE FILE OF THE XXIV ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, AT BENGALURU. THE LXII ADDL. CITY
CIVIL AND SESSIONS JUDGE (CCH-63), BENGALURU HAS
REJECTED THE BAIL PETITION ON 25.11.2025 IN
CRL.MISC.NO.10052/2025.
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.1 under Section
482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying
to grant anticipatory bail in Crime No.204/2025 of Magadi
Road Police Station registered for offences punishable
under Sections 316(1), 316(2), 316(4), 338 and 61 read
with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned counsel for petitioner would contend
that, the complainant has filed P.C.R. No.15006/2025 and
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it came to be referred to the Police for investigation. Based
on the same, crime has been registered against the
petitioner and two others. The averments of the said
complaint indicates that the petitioner has not paid the
share amount of sale consideration of the complainant and
his sisters Shylaja and Asha and cheated them. There was
a sale agreement in favour of one Bhagya and for
enforcing the said sale agreement, a suit for specific
performance has been filed against the petitioner,
complainant and their sisters in O.S.No.5648/2022. In the
said suit, compromise petition has been filed and it was
accepted and compromise decree has been drawn.
Pursuant to the said compromise decree, Sale Deed has
been executed in favour of the said Bhagya by the
petitioner, complainant, their sisters and others on
12.12.2022. What is the amount to be paid to each of
them has been mentioned in the said Sale Deed and
cheques have been issued by the vendor to them. He
further submits that, the complainant claims more share of
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amount in the sale consideration and made false allegation
against the petitioner. The petitioner is ready to cooperate
with the Police 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. With these, he prayed
to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, there is a
allegation of impersonation of Shylaja in the Sale Deed
and not giving the share amount of sale consideration to
the complainant and his sisters. The matter is under
investigation. The petitioner is required for custodial
interrogation. With these, he prayed for dismissal of the
petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
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6. One Vishwanatha K. has filed a P.C.R.
No.15006/2025 against the petitioner and two others. The
said complaint has been referred to Police for
investigation. On the basis of the said complaint, Crime
No.204/2025 has been registered in Magadi Road Police
Station against the petitioner and two others for aforesaid
offences. On perusal of the averments in the said
complaint indicates that, Shylaja has been impersonated
in the Sale Deed and share amount of the complainant and
his two sisters has not been paid. The said Sale Deed
dated 12.12.2022 has been executed pursuant to the
compromise decree passed in O.S.No.5648/2022. In the
Sale Deed, the specific mention of the amount received by
each of the vendors including the complainant and his two
sisters. Considering the said aspect, whether the petitioner
has committed any offence alleged is a matter of
investigation. The offences is alleged against the petitioner
are not punishable either with death or imprisonment for
life. The petitioner is not having any criminal antecedents.
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7. Considering all the above assets, 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.204/2025 of Magadi
Road Police Station 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 Investigating Officer 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
like-sum to the satisfaction of the
Investigating Officer.
ii) The petitioner shall cooperate with the
Investigating Officer in investigation.
iii) The petitioner shall appear before the
Investigating Officer whenever called for.
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iv) The 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.
v) The petitioner shall appear before the
Investigating Officer on every Sunday
between 10:00 a.m. to 2:00 p.m. for a
period of one month or till filing of the final
report, whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 47
