Citation : 2026 Latest Caselaw 1783 Kant
Judgement Date : 25 February, 2026
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NC: 2026:KHC:11582
CRL.P No. 17417 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 17417 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. ALOK KUMAR
S/O LATE RAMACHANDRA SINGH
AGED ABOUT 48 YEARS
R/A No. 109, SINGASANDRA
HONUR ROAD, BEGUR HOBLI
BENGALURU - 560 068.
...PETITIONER
(BY SRI GOWDA G A K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY PULAKESHINAGAR POLICE STATION
REPRESENTED BY
Digitally signed by THE STATE PUBLIC PROSECUTOR
LAKSHMINARAYANA HIGH COURT OF KARNATAKA
MURTHY RAJASHRI
Location: HIGH BANGALORE - 560 001.
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI M R PATIL, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE
STATION HOUSE OFFICER OF THE PULAKESHINAGAR P.S.
BENGALURU, TO RELEASE THE PETITIONER ON BAIL, IN THE
EVENT OF HIS ARREST IN CR.No.27/2025 OF
PULAKESHINAGAR P.S., BENGALURU, FOR THE OFFENCE
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NC: 2026:KHC:11582
CRL.P No. 17417 of 2025
HC-KAR
PUNISHABLE UNDER SECTIONS 34, 406, 420, 465, 468 AND
471 OF THE IPC, FOR THE REASONS STATED ABOVE.
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.3 under Section
438 of Cr.P.C to grant anticipatory bail in Crime
No.27/2025 of Pulakeshinagar Police Station, registered
for offences under Sections 34, 406, 420, 465, 468 and
471 of IPC.
2. Heard learned counsel for the petitioner and
learned HCGP for respondent / State.
3. Learned counsel for petitioner would contend that
petitioner has not sold any property to accused Nos.1 and
2. The property mentioned in the alleged sale deed
bearing Reg.No.3817/2019-20 is not the sale deed
executed by this petitioner and it does not pertain to the
property of the petitioner and it is by some other person in
favour of Canfin Homes Ltd. The bank account number
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mentioned in the complaint with Jana Small Finance Bank
does not stand in the name of the petitioner. The
petitioner has not committed any offence and is innocent.
The Petitioner is ready to co-operate with the IO 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 this he prayed to allow the petition.
4. Per contra, learned HCGP would contend that the
matter is under investigation. The petitioner is required for
custodial interrogation. With this he prayed to reject the
petition.
5. As per complaint, the allegation is that accused
Nos.1 and 2 have availed loan from Canara Bank for
purchase of the property and they produced sale deed
bearing Reg.No.3817/2019-20 and mortgaged the same
under the document bearing Reg.No.3818/2019-20. The
loan sanctioned to accused No.1 is stated to have been
transferred to the account of the petitioner maintained
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with Jana Small Financial Bank. Accused Nos.1 and 2 have
repaid some installments of the home loan and
subsequently, they stopped repayment of the loan. The
complainant on verification found that false document is
created and the accused persons have cheated the bank.
6. The petitioner has produced document
No.3817/2019-20 registered with Sub-Registrar
Basavanagudi and it does not pertain to accused Nos.1 to
3. Even the document i.e. Memorandum of Deposit of Title
Deeds registered under Reg.No.3818/2019-20 also does
not pertain to the accused persons. It is the contention of
the petitioner that the bank account mentioned in the
complaint with Jana Small Finance Bank does not belong
to the petitioner and he sought clarification from the said
bank with regard to whose name the said account is
standing. It is the contention of the petitioner that no
amount of any loan by Canara Bank has been credited to
the account of the petitioner. The petitioner has
undertaken to co-operate with the IO in investigation and
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HC-KAR
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.
7. Considering the above aspects, the petitioner has
made out case for grant of anticipatory bail with
conditions. In the result, the following:
ORDER
Petition is allowed. The petitioner is ordered to be
released on bail, in the event of his arrest, in Crime
No.27/2025 of Pulakeshinagar Police Station, subject to
following conditions:
(i) Petitioner shall voluntarily appear before Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety to the satisfaction of the Investigating Officer.
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(ii) Petitioner shall appear before Investigating Officer whenever called for and co-operate 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) Petitioner shall appear before the investigating officer on 1st and 3rd Sunday of every month between 10.00 and 2.00 p.m. for a period of one month or till filing of final report, whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE
DKB List No.: 1 Sl No.: 20 Ct.sm
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