- 1 - NC: 2025:KHC-K:2731 CRL.P No. 200843 of 2025 C/W CRL.P No. 200856 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO.200843 OF 2025 (438(Cr.PC)/482(BNSS)) C/W CRIMINAL PETITION NO.200856 OF 2025 (438(Cr.PC)/482(BNSS)) IN CRL. P. NO.200843/2025: BETWEEN: DAVALASAB NABISHA MAKANADAR, AGED 49 YEARS, OCC: COOLIE, R/O BISTIGALLI, TALIKOTI, DISTRICT VIJAYAPURA-586 214. …PETITIONER (BY SRI. SANTOSH KUMAR B. BIRADAR, ADVOCATE) AND: THE STATE OF KARNATAKA, TALIKOTI P.S., REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585 103. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2731 CRL.P No. 200843 of 2025 C/W CRL.P No. 200856 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD) U/SEC 482 OF BNSS, PRAYING TO A) THIS ANTICIPATORY BAIL PETITION MAY PLEASED BE ALLOWED B) PETITIONER/ ACCUSED NO. 2 MAY PLEASED TO ENLARGED ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO. 70/2025 REGISTERED BY TALIKOTI POLICE MUDDEBIHAL CIRCLE PUNISHABLE U/SEC. 190, 381(4) AND 336(3) OF BNS 2023, AND ON THE FILE PRL. CIVIL JUDGE (JR.DN.) AND JMFC AT MUDDEBIHAL AND ETC. IN CRL. P. NO.200856/2025: BETWEEN: NAJIR MULLA S/O AMEENASAB MULLA, AGED 34 YEARS, OCC: COOLIE, R/O TIPPU NAGAR, TALIKOTI, DISTRICT VIJAYAPURA-586 214. …PETITIONER (BY SRI. SANTOSH KUMAR B. BIRADAR, ADVOCATE) AND: THE STATE OF KARNATAKA, TALIKOTI P.S., REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585 103. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (OLD) US/EC 482 OF BNSS, PRAYING TO A) THIS ANTICIPATORY BAIL PETITION MAY PLEASED BE ALLOWED, B) PETITIONER/ACCUSED NO.1 MAY PLEASED BE ENLARGED ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.70/2025 REGISTERED BY TALIKOTI POLICE MUDDEBIHAL CIRCLE PUNISHABLE U/SEC 190, 318(4) AND 336(3) OF BNS, 2023, AND ON THE FILE PRL. CIVIL JUDGE (JR.DN.) AND JMFC AT MUDDEBIHAL AND ETC. - 3 - NC: 2025:KHC-K:2731 CRL.P No. 200843 of 2025 C/W CRL.P No. 200856 of 2025 THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE RAJESH RAI K) These two petitions have been filed under Section 482 of BNSS, 2023 seeking for grant anticipatory bail in Crime No.70/2025 registered by the Talikoti Police Station for the offence punishable under Sections 190, 318(4) and 336(3) of BNS 2023 against these petitioners who are arrayed as accused Nos.1 and 2. 2. The factual matrix of the case are that, on different dates between 25.07.2024 to 01.02.2025, these petitioners being the computer operators created fake computerized property extract/khata of Form No.3 Rule 20 with PID numbers in respect of plot No.3 situated in Sy.No.402/K, plot No.6 situated in Sy.No.22/J and plot No.51 situated in Sy.No.404/C, of Talikoti colluding with accused Nos.3 to 8 who are the owners/vendors and the purchasers of the above properties for the purpose of executing sale deeds and getting permission of the building construction and sanction from the KEB with an - 4 - NC: 2025:KHC-K:2731 CRL.P No. 200843 of 2025 C/W CRL.P No. 200856 of 2025 intention to avoid payment of tax to TMC Talikoti. On the strength of the said complaint, FIR came to be registered in the said case as stated supra. 3. It is submitted that ever since from the date of FIR, the respondent-police are making hectic efforts to arrest the petitioners. Hence, they are under the apprehension of arrest by the respondent-police, they filed the bail application seeking for grant of anticipatory bail before the V Addl. District and Sessions Judge, Vijayapura (sitting at Muddebihal) in Criminal Misc.No.5008/2025 and 5011/2025 and the same have been dismissed vide order dated 03.05.2025. Hence, these present petitions. 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent – State. 5. I have carefully perused the entire material placed on record. It could be gathered from the records that the petitioners being the computer operators and the said computers were placed at TMC Talikoti and managed by the TMC officers and there is no allegation made against the said - 5 - NC: 2025:KHC-K:2731 CRL.P No. 200843 of 2025 C/W CRL.P No. 200856 of 2025 officers. In such circumstances, as rightly contended by the learned counsel for the petitioners, the prosecution has failed to prove prima-facie material against these petitioners that they have created fake computerized property extract/khata of Form No.3 Rule 20 with PID numbers in respect of plot No.3 situated in Sy.No.402/K, plot No.6 situated in Sy.No.22/J and plot No.51 situated in Sy.No.404/C, of Talikoti colluding with Government officers. In such circumstance, without expressing any opinion on the merits of the case, the petitioners may be entitled for anticipatory bail. Hence, the following; O R D E R The petition filed under Section 482 of BNSS-2023 i.e., under Section 438 of Cr.P.C., are allowed. Consequently, the petitioners are directed to be released on anticipatory bail in the event of their arrest by respondent - Police in connection with Crime No.70/2025 dated 20.03.2025 registered by Talikoti Police Station, for the offences punishable under Sections 190, 318(4) and 336(3) of BNS 2023, subject to the following conditions: - 6 - NC: 2025:KHC-K:2731 CRL.P No. 200843 of 2025 C/W CRL.P No. 200856 of 2025 i) The petitioners shall execute personal bond for a sum of Rs.25,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer; ii) They shall surrender themselves before the Investigating Officer within 15 days from the date of receipt of a copy of this order and shall co-operate with the Investigating Officer and appear before him as and when required; iii) They shall appear before the jurisdictional Magistrate and seek for regular bail within one month from the date of receipt of a copy of this order; iv) They shall not threaten the prosecution witnesses. Sd/- (RAJESH RAI K) JUDGE MSR List No.: 1 Sl No.: 22 CT: AK