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.

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 to be paid subsequently. It is alleged that, on 07.07.2025 at 10.30 a.m., accused Nos.1 and 2 called the complainant to come near the office of Argo Company at Bettarayyanapura, on the pretext of settling the balance amount. When he arrived with his friend Vinu, they found accused Nos.1 and 2 present along with some other persons. They allegedly took them to the 1^st floor of the building, tied their hands and legs and demanded repayment of money alleging that the land sold by him was not genuine and accused Nos. 3 and 4 assaulted them with hands and legs. The complainant told them that the sale consideration amount is kept in his house. It is further alleged, accused No.1 along with two others trespassed into his house, where they allegedly misbehaved with his wife, threatened her and took away about Rs.1.90 crores along with gold ornaments worth Rs.25 lakhs, cheques and passbooks. Further, alleged that complainant’s wife and minor daughter were also brought to the said premises and were threatened under dire consequences. Meanwhile, complainant’s friend Vinu was taken away by some of the accused to his house in order to extort money, but he managed to escape and informed the police through emergency number 112 and the police arrived at about 7.00 p.m. rescued the complainant, his wife and daughter, and thereafter brought them to the police station.

3. Heard learned Counsel appearing for petitioners, learned High Court Government Pleader for the State and perused the material on record.

4. The learned Counsel appearing for Petitioners have contended that, the present complaint in Crime No.172/2025 is a counterblast to Crime No.95/2025 at Doddaballapura Police Station, lodged earlier on 17.07.2025 at 11.30 a.m., by one Vippan Sareen S/o Mangal ain Sareen. In the said crime, the present complainant, his wife and his friend Vinu are arrayed as accused Nos.1, 7 and 2 respectively, for offences relating to fraudulent sale of properties including Sy. Nos.93/1 and 99 in favour of ‘AgroCrop Landbase Pvt. Ltd.’, represented by Dhruv Jalan and Arush Nagpal (petitioner/accused No.3). It is contended that complainant has set up the present case only as an afterthought to escape liability in the earlier crime.

5. The learned Counsel appearing for petitioners further urged that there is an unexplained delay in lodging the present complaint. As per the complaint averments, the alleged incident took place on 07.07.2025, but the FIR came to be registered only on 17.