NAGEGOWDA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 14705 OF 2026
C/W
CRIMINAL PETITION NO. 14651 OF 2026
CRIMINAL PETITION NO. 14893 OF 2026
IN CRL.P No. 14705/2026
BETWEEN:
1. RAKSHITH GOWDA
S/O NAGEGOWDA
AGED ABOUT 34 YEARS
R/O 83/1, RAMAMANDIR STREET
BELAGOLA VILLAGE AND HOBLI
SRIRANGPATNA TALUK
MANDYA - 571 438.
2. HEMA
D/O NAGEGOWDA
AGED ABOUT 32 YEARS
R/O 83/1, RAMAMANDIR STREET
BELAGOLA VILLAGE AND HOBLI
SRIRANGPATNA TALUK
MANDYA - 571 438.
…PETITIONERS
Digitally signed
by NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
AND:
STATE OF KARNATAKA
BY K.R. SAGARA POLICE STATION
MANDYA - 571 607
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
…RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482
BNSS) PRAYING TO ENLARGING THEM ON ANTICIPATORY BAIL
IN CR.NO.177/2026 OF K.R.SAGARA P.S. MANDYA (SITTING AT
SRIRANGAPATNA) FOR THE OFFENCE P/U/S 406, 420, 464,
465, 468, 447, 506 OF IPC.
IN CRL.P NO. 14651/2026
BETWEEN:
1. SMT. ASHWINI H.S.
W/ O SRINIVASA P.
AGED ABOUT 40 YEARS,
R/AT NO. 129, 3RD CROSS,
2ND MAIN, H BLOCK
RAMAKRISHNA NAGAR,
CHAMARAMOHALLI ,
MYSURU CITY - 570 022.
2. SRI. JAYAKUMARA
R/AT MYSURU, MYSURU CITY
KARNATAKA.
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
AS PER AADHAAR:
SRI. R.C. JAYAKUMAR,
S/O RAMACHANDRAIAH,
AGED ABOUT 46 YEARS,
R/AT NO. 2084, 4TH CROSS,
ASHOKAPURAM, MYSURU,
KARNATAKA - 570 008.
...PETITIONERS
(BY SRI. ANOOP HARANAHALLI, ADVOCATE FOR
SRI. SRINIVAS RAO S.S, ADVOCATE)
AND:
STATE OF KARNATAKA
K.R. SAGAR POLICE STATION,
K.R. SAGARA CIRCKLE SUB DIVISION,
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
...RESPONDENT
(BY SRI. CHANNAPPA ERAPPA, HCGP;
VIDE ORDER DATED 28.09.2026 CHETAN P FOR
DEFACTO COMPLAINANT)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S
482 BNSS) PRAYING TO DIRECT THE 1ST RESPONDENT
POLICE TO RELEASE THE PETITIONERS - ACCUSED NO.6
AND 7 ON BAIL IN THE EVENT OF THEIR ARREST IN
CR.NO.117/2026 REGISTERED BY RESPONDENT-
K.R.SAGARA P.S, PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE (JR.DN) AND JMFC, SRIRANGAPATNA, MANDYA,
FOR THE OFFENCES P/U/S 406, 420, 464, 465, 468, 447
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
AND 506 OF IPC 1860.
IN CRL.P NO. 14893/2026
BETWEEN:
1. NAGEGOWDA
S/O. DODDEGOWDA
AGED ABOUT 63 YEARS
R/O 83/1, RAMAMANDIR STREET,
BELAGOLA VILLAGE AND HOBLI,
SRIRANGAPATNA TALUK,
MANDYA - 571 438.
2. PUSHPATHA
W/O. NAGEGOWDA
AGED ABOUT 54 YEARS
R/O 83/1, RAMAMANDIR STREET,
BELAGOLA VILLAGE AND HOBLI,
SRIRANGAPATNA TALUK,
MANDYA - 571 438.
...PETITIONERS
(BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)
AND:
STATE OF KARNATAKA
BY K.R. SAGARA POLICE STATION,
MANDYA - 571 607
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
BANGALORE - 560 001.
...RESPONDENT
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
(BY SRI. CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S
482 BNSS) PRAYING TO ENLARGING THEM ON
ANTICIPATORY BAIL IN CR.NO.117/2026 OF K.R.SAGARA
P.S. PENDING BEFORE PRINCIPAL CIVIL JUDGE (Jr.Dn.0
AND JMFC COURT S.R.PATNA MANDYA DISTRICT, FOR THE
OFFENCE P/U/S 406, 420, 464, 465, 468, 447, 506 OF IPC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 4 and 6 to 7 in Crime No.117/2026
registered by K.R. Sagar Police Station, Mandya, for
offences punishable under Sections 406, 420, 464, 465,
468, 447 and 506 of IPC, 1860, are before this Court in
these petitions filed under Section 482 of BNSS, 2023,
seeking anticipatory bail.
2. Heard the learned counsel for the parties.
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
3. FIR in Crime No. 117/2026 was registered by
K.R. Sagar Police Station, Mandya, for the aforesaid
offences against the petitioners and others, based on the
first information dated 09.07.2026 received from one
Chethan P., who claims to be the general power of
attorney holder of one T.K. Venkatesh Prasad.
Apprehending arrest in the case, the petitioners had
approached the jurisdictional Sessions Court, seeking
anticipatory bail. Since their petitions were rejected, they
are before this Court.
4. Learned counsel for the petitioners, having
reiterated the grounds of the petitions, submits that the
dispute between the parties is purely civil in nature. Sri
T.K. Venkatesh Prasad, who claims to be the owner of the
property, has already filed O.S. No. 90/2020 to declare his
title over the suit schedule property. During the pendency
of the said suit, the first informant, who claims to be his
general power of attorney holder, has instituted the
present criminal proceedings only with the intention of
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
harassing and coercing the petitioners, who are the lawful
owners of the property in question. Accordingly, they pray
to allow the petitions.
5. Per contra, the learned HCGP and the learned
counsel for respondent No.2/defacto complainant oppose
the petitions.
6. Learned counsel for respondent No.2 submits
that T.K. Venkatesh Prasad had purchased the land in
question from accused Nos.1 to 4 under the registered
sale deed dated 05.03.1997 and has been in enjoyment
and possession of the property ever since. The accused
persons have created various documents and have also
executed multiple sale deeds in respect of the property
belonging to T.K. Venkatesh Prasad. Therefore, there is a
prima facie case against them for the alleged offences.
Accordingly, they prays to dismiss the petitions.
7. It is not in dispute that accused Nos.1 to 4 are
the original owners of the property bearing Sy. No.34/1,
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
measuring 2 acres and 21 guntas, situated in Anagalli
Village, Belagola Hobli, Srirangapatna Taluk, Mandya
District. According to the first informant, T.K. Venkatesh
Prasad had purchased the said property from accused
Nos.1 to 4 under the registered sale deed dated
05.03.1997.
8. It is alleged that subsequently, accused Nos. 1
to 4 executed a partition deed between themselves with
regard to the said land and based on the said partition
deed dated 29.09.2016, subsequently, they sold the said
property to accused No.5 - Vasu, under the registered sale
deed dated 12.10.2020.
9. The suit in O.S. No.90/2020 was filed by T.K.
Venkatesh Prasad against accused Nos.1 to 4 and the
jurisdictional Tahsildar on 04.03.2020. On the said date,
accused Nos.1 to 4 had already executed a partition deed
between themselves in respect of the very same property,
over which T.K. Venkatesh Prasad claims title under the
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
registered sale deed dated 05.03.1997, stated to have
been executed by accused Nos.1 to 4. No criminal
complaint was filed by T.K. Venkatesh Prasad against
accused Nos. 1 to 4 at that stage, even though they had
allegedly executed a partition deed between themselves
after having sold the property in question to the aforesaid
T.K. Venkatesh Prasad under the registered sale deed
dated 05.03.1997.
10. Accused No.5 had purchased the property in
question for valid sale consideration under the registered
sale deed dated 12.10.2020, subsequent to the filing of
O.S. No.90/2020. Therefore, it appears that there was no
interim order operating in O.S. No.90/2020. Thereafter,
accused No.5 executed the sale deed dated 03.04.2021 in
favour of accused Nos.6 and 7 for valid sale consideration.
From the aforesaid circumstances, it appears that the
dispute between the parties is primarily civil in nature. The
petitioners have undertaken to cooperate with the police in
the investigation. The allegations now made in the first
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
information against the accused persons are based on
documents.
11. The alleged offences are triable by the Court of
Magistrate, and the maximum punishment for the same is
imprisonment for a period of 7 years.
12. In view of aforesaid, I am of the opinion that
the prayer made by the petitioners for the grant of
anticipatory bail needs to be answered affirmatively,
subject to appropriate conditions. Accordingly, the
following:
O R D E R
i) The criminal petitions are allowed .
ii) The respondent - Police or any other police in
the State of Karnataka are directed to release the
petitioners in the event of their arrest in Crime
No.117/2026 registered by K.R. Sagar Police Station,
Mandya, for offences punishable under Sections 406, 420,
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
464, 465, 468, 447 and 506 of IPC, 1860, subject to the
following conditions:
a) The petitioners shall appear before the
Investigating Officer within 15 days from
the date of receipt of the copy of this order
and shall execute a personal bond for a
sum of Rs.1,00,000/- each with two
sureties for the likesum to the satisfaction
of the investigating officer.
b) The petitioners shall regularly appear
before the Trial Court without fail unless
exempted by the Trial Court for valid
reasons.
c) The petitioners shall not tamper with the
prosecution witness and they shall co-
operate with the police for investigation and
appear before them whenever called upon.
d) The petitioners shall not involve in similar
offences in future.
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HC-KAR
NC: 2026:KHC:58028
CRL.P No. 14705 of 2026
C/W CRL.P No. 14651 of 2026
CRL.P No. 14893 of 2026
CNR: KAHC010655602026
I.A.s' does not survive for consideration in
view of the disposal of the main petitions.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
TMP
List No.: 1 Sl No.: 98