THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF ARREST TO THE PETITIONER IN CR.NO.380/2025 REGISTERED BY THE ANNAPOORNESHWARI NAGAR P.S., PENDING BEFORE THE LEARNED VI ACJM, BENGALURU, FOR THE OFFENCES P/U/S 420,419,465,468,471,120(B) R/W 34 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in Crime No.380/2025 registered by Annapoorneshwari Nagar Police Station, Bengaluru for offences punishable under Sections 420, 419, 465, 468, 471, 120-B r/w. Section 34 of IPC is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.380/2025 was registered by Annapoorneshwari Nagar Police Station, Bengaluru for the aforesaid offences against the petitioner and others based on the first information dated 26.09.2025, received from Shashikumar.N, S/o.Nagaraju. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.10908/2025 before the Jurisdictional Sessions Court, which was rejected on 08.01.2026. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that petitioner who was arrested in Crime No.97/2025 registered by Subramaniyapura Police Station for similar offences has been released on bail in the said case. In the present case, petitioner was produced under body warrant and remanded to police custody. Thereafter, he was not remanded to judicial custody. Petitioner has co-operated with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition.

6. In the first information, which resulted in registering the FIR in Crime No.380/2025, it is stated that the first informant is the registered owner of Sites bearing Nos. 397C and 398B formed in Sy.No.25/2 of Gidadakonenahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk and he had purchased the same under registered sale deed dated 27.12.2021. Allegation in the first information is that accused persons have created fraudulent sale deeds in respect of the aforesaid two sites belonging to the first informant and registered the same before the office of Sub-Registrar at Srirampura, Bengaluru on 05.04.2024. Petitioner herein and another are said to be the attesting witnesses to the said sale deed.

7. Learned counsel for the petitioner has produced material before this Court to show that petitioner was earlier arrested on similar allegations in Crime No.97/2025 registered by Subramaniyapura Police Station and while he was in custody in the said case, he was produced under body warrant in the present case on 17.11.2025 and on the said date he was given to police custody for a period of 6 days, i.e. from 17.11.2025 to 22.11.2025. However, the police had produced the petitioner before the court on 18.11.2025 itself and they had not sought for his remand to judicial custody.

8. It is not in dispute that the petitioner has co-operated with the police in the present case for investigation. The very fact that he was produced before the court on 18.11.2025, though he was remanded to the police custody till 22.11.2025 would go to show that petitioner had co-operated with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. It is not in dispute that petitioner who was arrested in Crime No.97/2025 registered by the Subramaniyapura Police Station has been enlarged on regular bail. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of anticipatory bail is to be answered affirmatively. Accordingly, the following:

ORDER

The petition is allowed. The respondent - Police or any other police in the State of Ka