Full Judgment Text
- 1 -
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 2937 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI M MUNISWAMY
S/O. LATE MUNIHANUMAPPA.
AGED ABOUT 48 YEARS
ST
R/O. NO.5, 1 MAIN,
ST
1 CROSS, NAGASHETTY HALLI
BASAVESHWARA LAYOUT,
ND
RMV 2 STAGE,
BENGALURU – 560 094
2.
SMT. M. MAMATHA
W/O LATE DEVARAJ,
AGED ABOUT 48 YEARS
ST
R/O. NO.5 1 MAIN,
ST
1 CROSS, NAGASHETTY HALLI
BASAVESHWARA LAYOUT,
ND
RMV 2 STAGE,
BENGALURU – 560 094
…PETITIONERS
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
(BY SRI. HARISH N.R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CCB POLICE STATION,
BENGALURU CITY,
BENGALURU
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS,
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
BENGALURU-560 001.
2. SRI. SREERAMESH B L,
S/O T N LINGAPPA,
AGED ABOUT 50 YEARS,
R/AT #F-1, BRINDAVANA APARTMENT,
PATELAPPA LAYOUT,
NEAR RAILWAY GATE,
NAGASHEETY HALLI,
SANJAYANAGAR POST,
RMV EXTESNION, II STAGE,
BANGALORE – 560 094.
AMENDED AND IMPLEADED
V.C.O DATED 09.03.2026
…RESPONDENTS
(BY SRI. PRAVEEN KUMAR N K., ADVOCATE FOR R2;
SMT. ANITHA GIRISH.N., HIGH COURT GOVERNMENT
PLEADER FOR R1)
THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS)
PRAYING TO DIRECT THE RESPONDENT/CCB POLICE,
BENGALURU CITY TO RELEASE THE PETITIONERS ON
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN
RESPECT OF CR.NO.2/2026, FOR THE OFFENCES P/U/S
189(1),336(2),336(3),340(2),318(4),61(2),190 R/W
SECTION.190 OF BNS, 2023, PENDING ON THE FILE OF
LEARNED I ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU
CITY, BY ALLOWING THIS PETITION IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
ORAL ORDER
1. The petitioners/accused Nos.3 and 4 are before
this Court seeking for grant of anticipatory bail in Crime
No.2/2026 of respondent-police for the offence under
Sections 189(1), 318(4), 336(2), 61(2), 336(3), and
340(2) r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
Brief facts of the case:
2. The case of the prosecution is that, a complaint
came to be registered by the complainant stating that a
property was purchased on 16.07.2008 under the
registered sale deed from Arun Jerald Lobo. From the date
of purchase of the said property, the family of the
complainant has been in possession of the said property.
On 02.07.2014, it is stated that he had executed gift deed
and the same has been duly registered. The donee
namely, Dr.Tejashwini Gowda executed gift deed in favour
of her brother namely, M.Nanjegowda. Such being the
fact, it is alleged that the present petitioners and others in
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
order to knock off the property, created a fabricated
partition deed and got changed the revenue records.
3. Heard Sri.Harish N.R., learned counsel for the
petitioners, Smt.Anitha Girish N., learned High Court
Government Pleader for respondent No.1-State and
Sri.Praveen Kumar N.K., learned counsel for de-facto
complainant.
4. It is the submission of the learned counsel for
the petitioners that the petitioners are innocent of the
alleged offence, they have been falsely implicated in this
case. The entire allegations are made against accused
No.1. However, he has been enlarged on bail by the trial
Court. The accused No.1 has filed a civil suit in
OS.No.6903/2025 pending before the Principal City Civil
and Sessions Judge, Bengaluru. The entire case is based
on civil dispute. Therefore, they may be enlarged on bail
by imposing suitable conditions. They will abide the
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
conditions imposed by this Court. Making such
submissions, he prays to allow the petition.
5. Per contra, the learned High Court Government
Pleader for respondent No.1-State vehemently submitted
that the manner in which the petitioners and others have
committed the offence would indicate the clear intention of
deceiving the complainant and his family members. The
allegations against the petitioners that they have created a
fabricated and false partition deed and sold the property to
other members. Therefore, the custodial interrogation of
the present petitioners are very much necessary. Hence, it
is not appropriate to grant them bail. Making such
submissions, he prays to reject the petition.
6. Similarly, the learned counsel for de-facto
complainant who assisted the prosecution has also
endorsed the submission of the learned HCGP for State.
7. Heard the learned counsel for the respective
parties. The present petitioners are arraigned as accused
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
Nos.3 and 4 and the allegation is that all the accused
persons in furtherance of common intention to deceive the
complainant and others, created fabricated documents and
got the revenue records changed in order to gain
unlawfully. As such, a complaint came to be registered
against the petitioners and others.
8. It is noticed that accused No.1 has been
enlarged on bail by the trial Court. Considering the said
aspect, it is appropriate to grant bail by imposing suitable
conditions that would take care of the apprehension of the
prosecution.
9. Hence, I proceed to pass the following:
ORDER
allowed.
(i) The petition is
(ii) The petitioners are ordered to be
enlarged on bail in the event of their arrest
in Crime No.2/2026 of respondent-police for
the offence under Sections 189(1), 318(4),
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
336(2), 61(2), 336(3), and 340(2) r/w 190
of the Bharatiya Nyaya Sanhita, 2023, on
executing personal bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) each
with one surety each for the likesum to the
satisfaction of the Trial Court.
(iii) The petitioners shall appear before
the jurisdictional police within a period of
one month from today to execute personal
bond and also to furnish surety.
(iv) The petitioners shall co-operate
with investigation till filing of the charge
sheet.
(v) The petitioners shall not threaten or
tamper the prosecution witnesses nor
hamper the proceedings of the Court.
(vi) The petitioners shall appear before
the Trial Court on all hearing dates without
fail.
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
(vii) The petitioners shall not commit
any criminal cases till disposal of the case.
In case, if the petitioners violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of
bail.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 26
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 2937 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI M MUNISWAMY
S/O. LATE MUNIHANUMAPPA.
AGED ABOUT 48 YEARS
ST
R/O. NO.5, 1 MAIN,
ST
1 CROSS, NAGASHETTY HALLI
BASAVESHWARA LAYOUT,
ND
RMV 2 STAGE,
BENGALURU – 560 094
2.
SMT. M. MAMATHA
W/O LATE DEVARAJ,
AGED ABOUT 48 YEARS
ST
R/O. NO.5 1 MAIN,
ST
1 CROSS, NAGASHETTY HALLI
BASAVESHWARA LAYOUT,
ND
RMV 2 STAGE,
BENGALURU – 560 094
…PETITIONERS
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
(BY SRI. HARISH N.R.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CCB POLICE STATION,
BENGALURU CITY,
BENGALURU
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS,
- 2 -
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
BENGALURU-560 001.
2. SRI. SREERAMESH B L,
S/O T N LINGAPPA,
AGED ABOUT 50 YEARS,
R/AT #F-1, BRINDAVANA APARTMENT,
PATELAPPA LAYOUT,
NEAR RAILWAY GATE,
NAGASHEETY HALLI,
SANJAYANAGAR POST,
RMV EXTESNION, II STAGE,
BANGALORE – 560 094.
AMENDED AND IMPLEADED
V.C.O DATED 09.03.2026
…RESPONDENTS
(BY SRI. PRAVEEN KUMAR N K., ADVOCATE FOR R2;
SMT. ANITHA GIRISH.N., HIGH COURT GOVERNMENT
PLEADER FOR R1)
THIS CRL.P FILED U/S 438 CR.P.C (U/S 482 BNSS)
PRAYING TO DIRECT THE RESPONDENT/CCB POLICE,
BENGALURU CITY TO RELEASE THE PETITIONERS ON
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN
RESPECT OF CR.NO.2/2026, FOR THE OFFENCES P/U/S
189(1),336(2),336(3),340(2),318(4),61(2),190 R/W
SECTION.190 OF BNS, 2023, PENDING ON THE FILE OF
LEARNED I ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU
CITY, BY ALLOWING THIS PETITION IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
- 3 -
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
ORAL ORDER
1. The petitioners/accused Nos.3 and 4 are before
this Court seeking for grant of anticipatory bail in Crime
No.2/2026 of respondent-police for the offence under
Sections 189(1), 318(4), 336(2), 61(2), 336(3), and
340(2) r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
Brief facts of the case:
2. The case of the prosecution is that, a complaint
came to be registered by the complainant stating that a
property was purchased on 16.07.2008 under the
registered sale deed from Arun Jerald Lobo. From the date
of purchase of the said property, the family of the
complainant has been in possession of the said property.
On 02.07.2014, it is stated that he had executed gift deed
and the same has been duly registered. The donee
namely, Dr.Tejashwini Gowda executed gift deed in favour
of her brother namely, M.Nanjegowda. Such being the
fact, it is alleged that the present petitioners and others in
- 4 -
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
order to knock off the property, created a fabricated
partition deed and got changed the revenue records.
3. Heard Sri.Harish N.R., learned counsel for the
petitioners, Smt.Anitha Girish N., learned High Court
Government Pleader for respondent No.1-State and
Sri.Praveen Kumar N.K., learned counsel for de-facto
complainant.
4. It is the submission of the learned counsel for
the petitioners that the petitioners are innocent of the
alleged offence, they have been falsely implicated in this
case. The entire allegations are made against accused
No.1. However, he has been enlarged on bail by the trial
Court. The accused No.1 has filed a civil suit in
OS.No.6903/2025 pending before the Principal City Civil
and Sessions Judge, Bengaluru. The entire case is based
on civil dispute. Therefore, they may be enlarged on bail
by imposing suitable conditions. They will abide the
- 5 -
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
conditions imposed by this Court. Making such
submissions, he prays to allow the petition.
5. Per contra, the learned High Court Government
Pleader for respondent No.1-State vehemently submitted
that the manner in which the petitioners and others have
committed the offence would indicate the clear intention of
deceiving the complainant and his family members. The
allegations against the petitioners that they have created a
fabricated and false partition deed and sold the property to
other members. Therefore, the custodial interrogation of
the present petitioners are very much necessary. Hence, it
is not appropriate to grant them bail. Making such
submissions, he prays to reject the petition.
6. Similarly, the learned counsel for de-facto
complainant who assisted the prosecution has also
endorsed the submission of the learned HCGP for State.
7. Heard the learned counsel for the respective
parties. The present petitioners are arraigned as accused
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
Nos.3 and 4 and the allegation is that all the accused
persons in furtherance of common intention to deceive the
complainant and others, created fabricated documents and
got the revenue records changed in order to gain
unlawfully. As such, a complaint came to be registered
against the petitioners and others.
8. It is noticed that accused No.1 has been
enlarged on bail by the trial Court. Considering the said
aspect, it is appropriate to grant bail by imposing suitable
conditions that would take care of the apprehension of the
prosecution.
9. Hence, I proceed to pass the following:
ORDER
allowed.
(i) The petition is
(ii) The petitioners are ordered to be
enlarged on bail in the event of their arrest
in Crime No.2/2026 of respondent-police for
the offence under Sections 189(1), 318(4),
- 7 -
NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
336(2), 61(2), 336(3), and 340(2) r/w 190
of the Bharatiya Nyaya Sanhita, 2023, on
executing personal bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) each
with one surety each for the likesum to the
satisfaction of the Trial Court.
(iii) The petitioners shall appear before
the jurisdictional police within a period of
one month from today to execute personal
bond and also to furnish surety.
(iv) The petitioners shall co-operate
with investigation till filing of the charge
sheet.
(v) The petitioners shall not threaten or
tamper the prosecution witnesses nor
hamper the proceedings of the Court.
(vi) The petitioners shall appear before
the Trial Court on all hearing dates without
fail.
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NC: 2026:KHC:14082
CRL.P No. 2937 of 2026
HC-KAR
(vii) The petitioners shall not commit
any criminal cases till disposal of the case.
In case, if the petitioners violates any of the bail
conditions as stated above, liberty is reserved to the
prosecution to file necessary application for cancellation of
bail.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 26