IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No. 13643 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. SHRI. SHABAREESHA K

S/O KOTAPPA B

AGED ABOUT 30 YEARS.

2. SHRI NEELESH K

S/O KOTAPPA B

AGED ABOUT 30 YEARS.

BOTH PETITIONER No.1 AND 2

R/AT No. 161,

THIMMARAYAPPA CIRCLE

MAILASANDRA, BANGALORE SOUTH

BENGALURU-560 059.

…PETITIONERS

Digitally signed by

LAKSHMINARAY ANA (BY SRI AJAY N, ADVOCATE)

MURTHY RAJASHRI

Location: HIGH

COURT OF AND:

KARNATAKA

1. THE STATE OF KARNATAKA

BY GOVINDRAJANAGAR PS,

REP.BY S P P

HIGH COURT OF KARNATAKA

BENGALURU-560 001. 2. SHRI N. MAHESH S/O OF NANJUNDAPPA

No.32, 3^RD CROSS, M.C.LAYOUT

DASARAHALLI, GOVINDARAJA NAGAR BENGALURU CITY KARNATAKA – 560 040.

…RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1 V/O DTD. 13.11.2025 R2 IS DELETED)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT No.1 I.E., GOVINDRAJANAGAR POLICE IN CR.No.293/2025, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420,506 R/W 34 OF IPC, 1860.

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 accused Nos.9 and 10 under Section 482 of BNSS praying to grant anticipatory bail in respect of Cr.No.293/2025 of Govindarajanagar Police Station registered for offences under Sections 420, 506, 34 of IPC.

2. Heard learned counsel for petitioners and learned HCGP for respondent/State.

3. Learned counsel for petitioners would contend that the matter is of civil dispute and it is given colour of criminal offence. Respondent No.2 has executed a registered sale agreement in favour of petitioner No.2/accused No. 10 for sale consideration of Rs.7,00,000/- out of which Rs.5,00,000/- has been paid as advance by cheque. The said cheque has been encashed by respondent No.2. As respondent No.2 has not executed sale deed as per sale agreement, petitioner No.2 has filed a suit for specific performance against Respondent No.2 in OS No.228/2024 on 14.03.2024 and it is pending. As the civil suit is filed, respondent No.2 has filed a false complaint against the petitioners. The petitioners are ready to co-operate with the police in investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents. With these he prayed to allow the petition. 4. Per contra, learned HCGP would contend that the petitioners were issued with a notice to appear for investigation, but they have not appeared. The petitioners are required for interrogation. With these, she prayed for rejection of the petition.

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

6. The accusation as per averments of the complaint against the petitioners is that they got executed a registered sale deed by cheating respondent No.2. Respondent No.2 has executed a registered sale agreement in favour of petitioner No.2/accused No.10 dated 05.06.2023 agreeing to sell his property. As respondent No.2 has not executed sale deed pursuant to the sale agreement, Respondent No.2 has filed a suit for specific performance in O.S.No.228/2024 on 14.03.2024. Respondent No.2 on coming to know of the suit, has filed a complaint on 22.07.2025 against the petitioners and other accused. The allegation against the petitioners and other accused is creating documents and cheating Respondent No.2. The case of the complainant is based on documents. The petitioners have undertaken to co-

operate with the police in the investigation and abide by conditions to be imposed by this Court. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioners have made out case for grant of anticipatory ba