DEVIDAS NAGESH GUNAGA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102623 OF 2026
(438(Cr.PC)/482(BNSS)
C/W
CRIMINAL PETITION NO. 102594 OF 2026
IN CRL.P No. 102623/2026
BETWEEN:
1. VINOD S/O. ASHOK NAIK
AGED: 42 YEARS, OCC: COOLIE,
R/O. NADIBAAG, BABRUWADA,
ANKOLA TALUK,
UTTARA KANNADA-581314.
2. AMIT S/O. DILEEP NAIK
AGED: 19 YEARS, OCC: STUDENT,
R/O. NADIBAAG, BABRUWADA,
ANKOLA TALUK,
UTTARA KANNADA-581314.
… PETITIONERS
(BY SRI. SHARANU NANDOOR, ADVOCATE FOR
SRI. A.C. CHAKALABBI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(ANKOLA PS, ANKOLA)
REP. BY SPP, HIGH COURT BUILDING,
DHARWAD-580011.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS,
R/W/S 438 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN ANKOLA PS
CRIME NO. 171/2026 PENDING ON THE FILE OF PRL. CIVIL JUDGE
(JR.DIV), AND JMFC, ANKOLA FOR THE OFFENCES PUNISHABLE FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 318(4), 319(2), 335,
336(2), 337, 340(1), 340(2) R/W SECTION 190 OF BNS-2023. IN
RESPECT OF ACCUSED NO. 9 AND 10 /PETITIONER 1 AND 2 ARE
CONCERNED.
IN CRL.P NO. 102594/2026
BETWEEN:
1. DEVIDAS NAGESH GUNAGA
AGE: 39 YEARS, OCC: LECTURER,
R/O. NADUMASKERI, KUMTA,
UTTAR KANNADA-581319.
... PETITIONER
(BY SRI. SOURABH HEGDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH ANKOLA PS
U.K., KARWAR-581314,
R/BY HCGP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
... RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS,
PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/
ACCUSED NO.2 PURSUANT TO AN FIR DATED 28.08.2026
REGISTERED BY THE ANKOLA PS IN CRIME NO. 171/2026 FOR THE
OFFENCES PUNISHABLE U/SEC. 318(4), 319(2), 335, 336(2), 337,
340(1), 340(2), AND 190 OF BNS BY REVERSING THE ORDER
DATED 21.09.2026 IN CRIMINAL MISC. NO. 381/2026 PASSED BY
THE PRL. DIST. AND SESSIONS JUDGE, UK, KARWAR.
THESE PETITIONS, COMING ON FOR FURTHER ARGUMENTS
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
ORAL ORDER
The petitioners/accused Nos.9 and 10 have filed
Crl.P.No.102623/2026 under Section 482 of BNSS, 2023
(Section 438 of Cr.P.C.) whereas petitioner/accused No.2 filed
Crl.P.No.102594/2026 under Section 482 of BNSS, 2023
(Section 438 of Cr.P.C.) seeking anticipatory bail in connection
with crime No.171/2026 of Ankola Police Station, registered for
the offences punishable under Sections 318(4), 319(2), 335,
336(2), 337, 340(1), 340(2) r/w Section 190 of the Bharatiya
Nyaya Sanhita, 2023, pending on the file of the learned
Principal Civil Judge and JMFC Court, Ankola, Uttara Kannada
District.
2. Brief facts of the prosecution case in nutshell are as
under:
The defacto complainant and his brother Yakoob Sayed
are the absolute owners and in lawful possession of the
property bearing Survey No.79/A4 measuring 1 acre 14 guntas
of Bogribail Village of Belekeri Hobli, Ankola Taluk, which was
gifted to them by their father under registered gift deed dated
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
13.12.2019. Recently, the defacto complainant and his brother
visited the Tahsildar office, Ankola and obtained the RTC. They
came to know that their names in the RTC were deleted and
the name of accused No.2 was found place. Thus, immediately
they applied for the mutation entry and on obtaining the
certified copies of the registered sale deeds from the office of
Sub-Registrar pertaining to their property, they came to know
that fraudulent transactions were executed behind their back
i.e., a fraudulent sale deed dated 13.02.2026 registered before
the Sub-Registrar on 16.02.2026 showing one Eranna Neelappa
Shiriyammanavar as purchaser of the said property and in the
said sale deed, some unknown persons impersonated the
complainant and his brother as the seller. In fact the
complainant and his brother never executed any sale deed and
they never received any sale consideration amount of
Rs.12,50,000/-. Thus, the defacto complainant lodged the
complaint.
3. Apprehending their arrest at the hands of the
respondent police, the petitioners/accused Nos.2, 9 and 10
have filed these petitions seeking anticipatory bail.
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
4. Learned counsel for the petitioners contended that
accused No.2 is the purchaser of the land in question for
valuable sale consideration of Rs.12,00,000/- which was
reflected in the sale deed as well as the bank transactions, and
accused Nos.9 and 10 are the attesting witnesses to the said
sale deed. The petitioners have been falsely implicated in the
case and they have not committed any alleged offence.
Further, accused No.2 is a bona fide purchaser from accused
No.1, and he has paid the consideration amount of
Rs.12,00,000/- through online and the same was credited to
the account of accused No.1 now arrayed as accused Nos. 11
and 12. Accused No.2 is working as Professor. Insofar as
accused Nos.9 and 10 are concerned, they were not aware of
the earlier transactions, except they stand as attesting witness
to the sale deed, and they are not beneficiary under the sale
deed. The petitioners are ready to abide by any conditions to
be imposed by this court. Hence, learned counsel for the
petitioners prayed to allow the petitions.
Per contra
5. , the learned HCGP vehemently
contended that there is prima facie material against the
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
petitioners. The petitioners as well as other accused persons
have cheated the defacto complainant by way of impersonation
by creating forged documents. The investigation is still
pending. Hence, learned HCGP prayed to reject the petitions.
6. Heard learned counsel for the petitioners and
learned HCGP for respondent-State.
7. Perused the material on record. There is allegation
against accused No.1 that he created fabricated document
styled as sale deed and sold to accused No.2 who is beneficiary
under the sale deed. The perusal of the sale deed of accused
No.2 wherein accused No.2 has paid total consideration amount
of Rs.12,00,000/- to his vendor. Learned counsel for
petitioner/accused No.2 vehemently contended that through
online accused No.2 paid a sum of Rs.19,00,000/- to the
account of accused No.1, now arrayed as accused Nos.11 and
12, and by way of cash, he paid a sum of Rs.8,00,000/-. Thus,
in all, he paid a sum of Rs.27,00,000/-. Whether the petitioners
have cheated the defacto complainant or not, whether the
petitioners have forged the sale deed by impersonation is a
matter of full-fledged trial.
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
8. Learned counsel for petitioner/accused No.2 fairly
submits that by virtue of the sale deed, petitioner/accused No.2
will not exercise his right over the property and he would
initiate appropriate proceedings against one who impersonated
the real owner and received amount from him.
9. Considering the nature of allegations made against
the petitioners, the gravity of offence, and the fact that
petitioner are ready to abide by the conditions to be imposed
by this court, this is a fit case where the petitioners are entitled
for grant of anticipatory bail.
10. Accordingly, I proceed to pass the following:
O R D E R
Criminal petitions are allowed . The respondent-police
are directed to release the petitioners/accused Nos.2, 9 and 10
on bail in the event of their arrest in connection with crime
No.171/2026 of Ankola Police Station, registered for the
offences punishable under Sections 318(4), 319(2), 335,
336(2), 337, 340(1), 340(2) r/w Section 190 of the Bharatiya
Nyaya Sanhita, 2023, pending on the file of the learned
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HC-KAR
NC: 2026:KHC-D:17616
CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
Principal Civil Judge and JMFC Court, Ankola, Uttara Kannada
District, subject to the following conditions:
i. Petitioners shall be enlarged on bail in Crime
No.171/2026 registered before Ankola Police
Station, on executing a personal bond for
Rs.1,00,000/- each with two sureties each for
the likesum to the satisfaction of the Trial Court.
ii. Petitioners shall punctually attend the Trial Court
on each and every posting unless expressly
exempted.
iii. Petitioners shall co-operate with the trial.
iv. Petitioners shall not threaten, induce, or promise
anyone acquainted with the facts, nor tamper
with evidence or witnesses directly or indirectly.
v. Petitioners shall not leave the jurisdiction of the
police station without prior information and
intimation to the jurisdictional police.
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HC-KAR
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CRL.P No. 102623 of 2026
C/W CRL.P No. 102594 of 2026
CNR: KAHC020180792026
vi. Petitioners shall not commit any offences in
future.
vii. Petitioners shall mark their attendance before
the SHO/Investigating Officer on every Sunday
between 10.00 a.m. and 5.00 p.m. for a period
of six months or till filing of final report,
whichever is earlier.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS
CT:GSM
List No.: 1 Sl No.: 9