Anticipatory bail granted under Bharatiya Nagarik Suraksha Sanhita, 2023, despite allegations against the accused as no substantial evidence challenged the validity of the sale deed in question.

ORDER :

SHIVASHANKAR AMARANNAVAR, J.

Crl. P No.17317/2025 is filed by accused Nos.3, 4 and 5 and Crl. P No.17363/2025 is filed by accused Nos.1 and 2. Both the petitions are filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in respect of Crime No.202/2025 of Malebennur Police Station registered for the offences punishable under Sections 318(4), 316(2) and 190 of Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for petitioners and learned High Court Government Pleader for respondent/State.

3. The learned counsel for petitioners would contend that, the sister of the complainant by name, Channamma has executed a registered sale deed in favour of accused No.1, and the said sale deed is a registered sale deed dated 29.09.2025. The accused No.2, who is husband of the accused No.1, and accused No.3 have affixed their signatures on the sale deed as witnesses. The accused No.4 is stated to have taken the other accused persons in his Omni car to the Sub Registrar Office. The accused No.5 is stated to have used her husband's office to get the khata transferred in the name of purchaser. The entire case of prosecution is based on documents. The registered sale deed has not been challenged by the executant. The petitioners are ready to cooperate with the police in the investigation. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioners. With this, he prayed to allow the petitions.

4. Per contra, the learned High Court Government Pleader for the respondent/State would contend that, there is a serious allegation against the petitioners getting the sale deed registered of the property of the sister of the complainant by name, Channamma, who is unsound mind, illiterate and a widow. She is a helpless woman. It is further alleged that the petitioners did not pay the sale consideration and, after execution of the sale deed, paid only a sum of Rs.100/- to her. The petitioners are required for custodial interrogation. With this, he prayed to reject the petitions.

5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

6. The complaint has been filed by one, Ningappa, who is brother of Smt.Channamma. The said Channamma is stated to have executed the sale deed in respect of her property measuring 29 guntas in RS No.125/6 situated at Bhanuvalli Village in favour of accused No.1. It is alleged that the said Channamma is of unsound mind, illiterate, a widow, and a helpless woman. It is further alleged that the petitioners cheated her and got the sale deed executed without paying the sale consideration. The accused No.2, who is husband of accused No.1/purchaser and accused No.3 have affixed their signatures on the sale deed as witnesses. The accused No.4 is stated to have used his vehicle for taking the other accused to the Sub-Registrar Office. The accused No.5 is stated to be the wife of Village Accountant, and she has used the office of her husband for getting khata transferred. The said case of the prosecution is based on documents. It is submitted that the said sale deed stated to have been executed by Channamma in favour of accused No.1, has not been challenged before the Civil Court.

7. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioners.

8. Considering the above aspects, the petitioners have made out a case for grant of anticipatory bail with