Anticipatory bail may be granted when the alleged offences are not punishable by death or life imprisonment, the accused have no criminal antecedents, and they demonstrate a willingness to cooperate with the investigation.

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.No.267/2025 OF HOSKOTE P.S. FOR THE OFFENCE UNDER SECTIONS 318(4), 336(2), 340(2)(1), 338, 336(3), 61(2), 343 OF BNS.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

1. This petition is filed by accused Nos.2 and 4 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.267/2025 of Hoskote Police Station, registered for offences under Section 318(4), 336(2), 340(2), 340(1), 338, 336(3), 61(2), 343 of BNS.

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

3. Learned counsel for petitioners would contend that petitioner No.1/accused No.2 has purchased the property from accused No.1 by availing loan from the bank. Petitioner No.1 has availed legal opinion prior to purchase of property. Petitioner No.1 has not created any documents. The allegation of creating documents is against accused No.1. Petitioner No.2/accused No.4 is witness to the sale deed under which petitioner No.1 has purchased the property identifying petitioner No.1 as the purchaser. Petitioners are ready to co-operate with the police in the investigation and abide by any terms and conditions to be imposed by this Court. With this he prayed to allow the petition.

4. Per contra, learned HCGP would contend that the petitioner even though availed legal opinion, that document does not contain the signature of the author. The matter is under investigation. The petitioners are required for custodial interrogation. With this he prayed to reject the petition.

5. Having heard the learned counsel, the court has perused the materials placed on record.

6. The case of the prosecution is that accused No. 1 impersonating the owner of the property executed the sale deed in favour of petitioner No.1/accused No.2. Accused No.4 has affixed his signature on the said sale deed as a witness. It is also alleged that the accused persons have created a death certificate of the owner of the property. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. Petitioners have undertaken to co-operate with the police in the investigation. There are no criminal antecedents of the petitioners.

7. Considering the above aspect, the petitioners have made out case for grant of anticipatory bail with conditions. In the result, the following:

ORDER

The petition is allowed. The petitioners are ordered to be released on bail, in the event of their arrest, in Crime No.267/2025 of Hoskote Police Station, subject to following conditions:

1. The petitioners shall voluntarily appear before the IO within 15 days from this day and execute a bail bond for a sum of Rs.1,00,000/- each, with one surety for the like-sum to the satisfaction of the IO.

2. The petitioners shall co-operate with the IO in the investigation and appear before the IO whenever called for.

3. The petitioners 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.