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Karnataka High Court
Sri.M.Shankar vs The State Of Karnataka By on 31 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 15714 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 15714 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI.M.SHANKAR
AGED ABOUT 48 YEARS
S/O. MUNIYAPPA No.90
NEAR MARIYAMMA TEMPLE
DINNUR KADUGODI PLANTATION
BENGALURU - 560 067.
...PETITIONER
(BY SRI. MANJUNATHA A C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
CCB POLICE STATION
Digitally signed by BENGALURU - 560 027.
LAKSHMINARAYANA REPRESENTED BY S.P.P.
MURTHY RAJASHRI
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA BENGALURU - 560 001.
...RESPONDENT
(BY SMT. WAHEEDA M M, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNNS) PRAYING TO ORDER AND DIRECT
THE RESPONDENT CITY CRIME BRANCH POLICE STATION,
BENGALURU TO RELEASE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CRIME No.69/2025 OF RESPONDENT
CITY CRIME BRANCH POLICE STATION BENGALURU
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NC: 2026:KHC:5455
CRL.P No. 15714 of 2025
HC-KAR
REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER
SECTIONS 3(5), 316(2), 62, 319(2), 318(4) OF BNS 2023.
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 the petitioner -accused No.6
under Section 482 of BNSS praying to grant anticipatory
bail in Crime No.69/2025 of CCB Bengaluru City, Police
Station registered for offences punishable under Sections
3(5), 316(2), 62, 319(2), 318(4) of BNS.
2. Heard learned counsel for the petitioner and
learned High Court Government Pleader for the respondent
-State.
3. Learned counsel for the petitioner would
contend that as per averments of the complaint, the
transactions between petitioner and the complainant are
between 19.11.2022 to 03.07.2024 and payment made is
Rs.1.10/-crores. The petitioner is real estate agent and he
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got sale agreement executed in favour of the father of the
complainant dated 12.01.2023 by canceling earlier
agreements and total consideration paid is
Rs.1,77,20,000/. In respect of property bearing Survey
No.6/2 of Kottihosahalli Village, measuring 13.08 guntas.
But earlier the father of this defacto complainant had filed
complaint registered in Crime No.54 of 2024 and in that
petitioner has been arrayed as accused No.5 and charge
sheet has been filed in the said crime. In the said crime
also there is same allegation against this petitioner
pertaining to same property. There are some monetary
transactions between petitioner and the defacto
complainant and therefore, false complaint has been filed
against the petitioner. The petitioner is ready to cooperate
with the police in investigation and abide by any terms and
conditions to be imposed by this Court. With this, he
prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for the respondent -State would contend that
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investigation is in progress. Huge amount of cheating is
involved in the case. The amount details are mentioned in
the complaint. The petitioner has cheated the
complainant's father by getting amount without getting
execution of any sale agreements. The petitioner is
required for custodial interrogation. With this, she prays to
reject the petition.
5. Having heard learned counsels, the Court has
perused the complaint, FIR and other materials placed on
record.
6. As per averments of the complaint, the
allegation against the petitioner is that he has received
Rs.1.10/- crores for getting sale agreements from the
owners in respect of property bearing Survey No.6/2,
measuring 13 guntas of Kottihosahalli Village between
19.11.2022 to 03.07.2024. FIR in Crime No.54 of 2024 of
CCB Bengaluru City Police indicate that earlier also a case
has been registered against the petitioner and charge
sheet has been filed against him and he has been shown
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as accused No.5. In the said charge sheet also there is
allegation of this petitioner cheating the complainant and
complainant's father by acting as real estate agent with
respect to property situated Kottihosahalli Village
measuring 13.08 guntas. Earlier complaint has been filed
by the father of the defacto complainant. The father of
defacto complainant has got filed the present complaint
through his son. The petitioner has undertaken to
cooperate with the Investigating Officer in the
investigation and abide by any conditions to be imposed
by this Court. Whether the petitioner has committed any
offences alleged against him is matter of investigation and
trial. Offences alleged against the petitioner are not
punishable either with death or imprisonment for life.
Considering the above aspects, the petitioner has made
out case for grant of anticipatory bail with conditions.
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7. In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner is ordered to be released on bail
in the event of his arrest in Crime No.69/2025
of CCB Bengaluru City, Police Station registered
for offences punishable under Sections 3(5),
316(2), 62, 319(2), 318(4) of BNS subject to
following conditions:
a) The petitioner -accused No.6 shall
voluntarily appear before the Investigating
Officer within 15 days from this day and
execute a bail bond for a sum of
Rs.1,00,000/- with one surety for the
likesum to the satisfaction of the
Investigating Officer.
b) The petitioner -accused No.6 shall co-
operate with the Investigating Officer in the
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investigation and appear before the
Investigating Officer whenever called for.
c) The petitioner -accused No.6 shall not
directly or indirectly make an inducement,
threat or promise to any person acquainted
with the facts of the case so as to dissuade
him from disclosing such a facts to the court
or police officer or tamper with the evidence.
d) The petitioner -accused No.6 shall appear
before the Investigating Officer on first and
third Sunday of every month for a period of
03 months or till filing of the final report
whichever is earlier.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 8
