Anticipatory bail may be granted when a criminal complaint prima-facie appears to be a civil dispute regarding a property transaction and there is no evidence of the petitioner violating interim bail conditions.

THIS CRL.P. IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE PETITIONERS ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE STATION TO RELEASE THE PETITIONERS, IN THE EVENT OF HIS ARREST IN CR.NO.436/2025 OF ANNAPOORNESHWARI NAGARA POLICE STATION, BENGALURU FOR THE O/P/U/S 316(2), 318(4), 352, 351(2), R/W 3(5) OF BNSS, 2023 PENDING ON THE FILE OF THE IV ACJM, BENGALURU CITY.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL ORDER

1. This criminal petition is filed seeking anticipatory bail invoking Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS).

2. The complaint is filed against the petitioner under Section 316(2), 318(4), 352, 351(2) r/w Section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (BNS) in the Annapoorneshwari Nagar Police Station, Bengaluru.

3. The complainant alleged that the petitioner persuaded the complainant to purchase a site worth Rs.3 Crore 50 Lakh from the petitioner. The complainant also states that he has transferred an amount of Rs.40 lakh to the account of the petitioner and remaining amount is transferred to various other persons named by the petitioner as reflected in the complaint. It is also stated that the complainant has also paid certain amount of cash to the petitioner.

4. The further allegation is that the petitioner has also obtained blank cheques, demand promissory note, e-stamp papers from the complainant and the mother of the complainant.

5. It is alleged that petitioner has not sold the property as assured and has also not repaid the amount. It is further stated that when the complainant insisted for registration of the site property or to return the documents and the amount which the petitioner has retained, the petitioner has given life threat to the complainant.

6. The application filed by the petitioner seeking anticipatory bail before the Sessions Court is rejected vide order dated 23.12.2025. Hence, petitioner is before this Court seeking anticipatory bail in this criminal petition.

7. Learned counsel for the petitioner would point out that the transaction between the complainant and the petitioner as alleged, if any, is a civil dispute/transaction and it is given a colour of criminal case and part of the alleged transaction reflected in the bank statements, as such, there is no need for custodial interrogation of the petitioner.

8. It is further submitted that this Court vide order dated 30.12.2025 has granted interim bail on certain conditions and the petitioner is ready to abide by any of the conditions which this Court will impose and he has not violated any of the terms and conditions of the interim bail.

9. Learned HCGP would oppose the grant of anticipatory bail stating that the amount involved in the transaction is to the tune of Rs.3 Crore and 50 lakh. The petitioner has cheated the complainant as well as his family members by retaining the money and some of the documents belonging to complainant and his mother and the petitioner is blackmailing the complainant and his family members and has refused to execute the sale deed which he had promised and has also refused to repay the amount.

10. Learned High Court Government Pleader would submit that, there is a life threat to the complainant and the petitioner has not complied with the requirement of terms an