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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Hanumantharaju, S/o Late Mallaiah – Appellant
Versus
State – Respondent
ORDER :
MOHAMMAD NAWAZ, J.
These petitions are preferred by accused 1 to 4 under Section 482 of BNS S , 2023, seeking relief of anticipatory bail in Crime No.172/2025 registered at Amurthahally Police Station, for the offence Punishable under Sections 127 (2), 310(2) and 74 of BNS , 2023. FIR has been registered against four named persons i.e., present petitioners and other four unnamed persons.
2. The complaint is lodged on 17.07.2025 by one Murthy Nayka B.L. S/o Lachanaik, alleging that on 08.04.2025, he purchased an agricultural land measuring 03 acres 31.08 guntas situated in Sy.No.93/1 (old Sy.No.93) of Katti Hosahalli village, Doddaballapur Taluk, Bengaluru Rural District, for a total consideration of Rs.4 crores. Accused Nos.1 and 2 (petitioners) who were acquainted with him through real estate business, assured him that they could sell the land for higher price. Accordingly, on 24.06.2019, he executed a registered sale deed in favour of one Dhruv Jalan, Proprietor of “Agro Company,” for a total consideration of Rs.6.4 Crores. Out of the said sale amount, Rs.1.9 Crores was paid in cash and Rs.1.5 Crores by cheque at the time of registration, while the balance amount was agreed
The court granted anticipatory bail to the accused, finding no justification for custodial interrogation given the civil nature of disputes and significant delay in filing the FIR.
Anticipatory bail not granted; civil nature of dispute acknowledged.
Anticipatory bail can be granted even when Non-Bailable Warrants are issued, depending on the specifics of the case and the applicant's willingness to cooperate with the investigation.
The predominantly civil nature of a dispute and the lack of previous criminal history of the applicant can be considered in granting anticipatory bail.
The court considered the pending civil suit and the petitioner's cooperation with the investigation in granting anticipatory bail.
Anticipatory bail granted due to lack of evidence tampering concerns and the nature of allegations suggesting a civil dispute rather than a criminal offense.
Anticipatory bail granted when allegations are based on documentary evidence; custodial interrogation deemed unnecessary given the age and health of the primary accused.
The power of anticipatory bail under Section 438 of the Cr.P.C. is to be exercised in exceptional cases, and custodial interrogation may be necessary for effective investigation in certain cases.
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