logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 Kar HC 1010 My Notes print Preview print print
Court : High Court of Karnataka
Case No : Criminal Petition No. 10189 Of 2026
Judges: THE HONOURABLE MR. JUSTICE S. VISHWAJITH SHETTY
Parties : J.B. Prasanna Kumar Versus State Of Karnataka, Represented By State Public Prosecutor, Bengaluru
Appearing Advocates : For the Petitioner: Hiremath Mallayya Veerayya, Advocate. For the Respondent: R. Rangaswamy, HCGP.
Date of Judgment : 19-08-2026
Head Note :-
Criminal Procedure Code - Section 438 -

Comparative Citation:
2026 KHC 44609,
Judgment :-

(Prayer: This Crl.P is filed u/S 438 Cr.PC (filed u/S 482 BNSS) praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.11/2026 dated 05.01.2026 on the file Hosadurga Police Station, Chitradurga and on the file of Principal Civil Judge (Jr. Division) and JMFC, Hosadurga for the alleged offences punishable under Section 420, 465, 468 and 471 of IPC.)

Oral Order

1. Accused in Crime No.11/2026 registered by the Hosadurga Police Station, Chitradurga District, for the offences punishable under Sections 420, 465, 468 and 471 of IPC, 1860, is before this Court in this petition filed under Section 482 of the BNSS, 2023, seeking anticipatory bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.11/2026 was registered by Hosadurga Police Station, Chitradurga District, for the aforesaid offences against the petitioner based on the first information dated 05.01.2026 received from Kariyamma, Government Official gazetted, District Registrar Office, Chitradurga. Apprehending arrest in the said, case the petitioner had filed Crl.Misc.No.552/2026 before the jurisdictional Sessions Court which was rejected on 20.06.2026. Therefore, he is before this Court.

4. A perusal of the material on record would go to show that the petitioner is a licenced Deed Writer, who was granted licence in the year 2000-01. Allegation in the first information is that in certain Deeds, which were executed and registered during the period from 01.01.2019 to 31.12.2021, it was found that the properties were undervalued and proper stamp duty and registration fee were not paid on the said Deeds. It appears that during the course of audit report, it is mentioned that the petitioner was the writer of the said Deeds and therefore, FIR is registered against him.

5. It is not in dispute that the petitioner has been working as a Deed Writer for the last more than 25 years. Till date no criminal case has been registered against him. He is aged about 60 years and he is not a party to the Deeds, which are said to be undervalued and no proper stamp duty and registration fee were paid. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years.

6. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:

ORDER

          The criminal petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.11/2026 registered by the Hosadurga Police Station, Chitradurga District, for the offences punishable under Sections 420, 465, 468 and 471 of IPC, 1860, subject to the following conditions:

          a) The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer.

          b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

          c) Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.

          d). The petitioner shall not involve in similar offences in future.
 
  CDJLawJournal