[Cites 4, Cited by 0]
Karnataka High Court
Sri Jafar Sadhik @ Jafara Sadik vs The State By Extension Police Station on 31 January, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2026:KHC:5549
CRL.P No. 16518 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. 16518 OF 2025
(438(Cr.PC) / 482(BNSS))
BETWEEN:
1. SRI JAFAR SADHIK @ JAFARA SADIK
S/O. SHOUKATH ALI,
AGED ABOUT 19 YEARS,
STUDENT
R/AT NO.698, 3RD CROSS,
INDRANAGAR, MALEBENNUR,
HARIHARA TALUK-577530
ALSO AT D.No.539, GROUND FLOOR,
11TH CROSS, NIJALINGAPPA EXTENSION,
DAVANAGERE 577006.
...PETITIONER
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
(BY SRI. S G RAJENDRA REDDY.,ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE BY EXTENSION POLICE STATION
DAVANAGERE
RPTD. BY S.P.P.,
HIGH COURT,
BENGALURU - 560001.
...RESPONDENT
(BY SMT.WAHEEDA M.M., HCGP)
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CRL.P No. 16518 of 2025
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PRAYING TO DIRECT THE STATION HOUSE
OFFICER OF THE EXTENSION POLICE STATION, DAVANAGERE
TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE
EVENT OF HIS ARREST IN THEIR CRIME NO.0121/2025
PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC
COURT, DAVANAGERE FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 318(4), 336(1), 336(3), 339, 336(2), 338,
342(2) OF THE BHARATIYA NYAYA SANHITA, 2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
The applicant of IA No. 1/25 is absent.
2. The applicant has not complied with the office
objections raised on IA No.1/2025. There is no provision to
implead the defacto complainant. Hence, IA No.1/2025 is
rejected.
3. This petition is filed by accused No.3 under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023,
praying to grant anticipatory bail in Crime No.121/2025 of
Davanagere Extension Police Station registered for the
offences punishable under Sections 318(4), 336(1),
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HC-KAR
363(3), 339, 336(2) 338 and 342(2) of Bharatiya Nyaya
Sanhita, 2023.
4. Heard the learned counsel petitioner and
learned High Court Government Pleader for
respondent/State.
5. The learned counsel for petitioner would
contend that a private complaint has been filed against
three accused persons, and the petitioner has been
arrayed as accused No.3 in the said private complaint. The
said private complaint has been referred to police and on
that basis, Crime No.121/2025 has been registered. The
allegation in the private complaint is that accused No.1,
though residing as a tenant on a monthly rent basis, has
created a lease deed. The petitioner and another have
affixed their signatures on the said lease deed as
witnesses. The offences alleged against the petitioner are
not punishable either with death or imprisonment for life.
The petitioner is ready to cooperate with the Investigating
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Officer in the investigation and abide by any conditions to
be imposed by this Court. There are no criminal
antecedents of the petitioner. With this, he prayed to allow
the petition.
6. Per contra, the learned High Court Government
Pleader for the respondent/State would contend that there
is role of this petitioner in creating the lease deed. As he
has signed it as a attesting witness, the petitioner is
required for custodial interaction. With this, she prayed to
reject the petition.
7. Having heard the learned counsel, the Court
has perused the FIR, complaint and other materials placed
on record.
8. A private complaint has been filed against the
petitioner/accused No.3 and two others/accused Nos.1 and
2 alleging that accused No.1 has created lease deed even
though she is residing in the house as tenant on monthly
basis, and this petitioner/accused No.3 and another
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HC-KAR
accused No.2 have affixed their signatures on the said
lease deed as witnesses. The allegation is creation of the
lease deed. The offences alleged against the petitioner are
not punishable either with death or imprisonment for life.
The petitioner has undertaken to cooperate with the police
in the investigation and abide by any conditions to be
imposed by this Court. There are no criminal antecedents
of the petitioner.
9. Considering the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions.
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.121/2025 of
Davanagere Extension Police Station registered for the
offences punishable under Sections 318(4), 336(1),
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363(3), 339, 336(2) 338 and 342(2) of Bharatiya Nyaya
Sanhita, 2023 subject to following conditions.
a) The petitioner shall voluntarily appear
before the Investigating Officer within fifteen
days from this day and execute a bail bond for a
sum of Rs.1,00,000/- with one surety for the like
sum to the satisfaction of Investigating Officer.
b) The petitioner shall appear before the
Investigating Officer whenever called for and
cooperate for investigation.
c) 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.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
bkm
List No.: 1 Sl No.: 22
