- 1 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200844 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SRI. PRASHANT V. UKADAGTRI S/O VENKATESH, AGED ABOUT 51 YEARS, OCC: EMPLOYEE IN TATA MOTORS FINANCE LTD., AS SALES MANAGER, R/O OPP. ANUSUYA MANGAL KARYALAYA, VAZE GALLI, VADGAON, BELGAUM, TQ. AND DIST. BELGAUM. 2. SRI. ANANT JOSHI S/O VENKATACHARYA JOSHI, AGED ABOUT 49 YEARS, OCC: EMPLOYEE IN TATA MOTORS FINANCE LTD., INCHARGE AS OPERATION MANAGER, KALABURAGI BENCH, R/O NEW RAGHAVENDRA COLONY, KALABURAGI CITY. …PETITIONERS (BY SRI SHRAVAN KUMAR MATH, ADVOCATE FOR SRI GURUBASAVA BASANNA, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SAIDAPUR POLICE STATION, REPRESENTED BY ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 THIS CRL.P IS FILED UNDER SECTION 482 OF THE BNSS, PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.144/2024 DATED 27-10-2024 REGISTERED WITH THE RESPONDENT SAIDAPUR POLICE STATION FOR OFFENCES U/S 316(5), 318(4), 351(3) AND 190 OF BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC (JN.DN) YADGIRI. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Shravan Kumar Math, learned counsel for Sri Gurubasava Basanna, learned counsel for the petitioners and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 2. This petition is filed under Section 482 of the BNSS, 2023 with the following prayer: - 3 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 “WHEREFORE, it is most humbly prayed before this Hon’ble Court to allow this petition and enlarge the petitioners on bail in the event of their arrest in Crime No.144/2024 dated 27-10-2024 registered with the respondent Saidapur Police station for offences u/s 316(5), 318(4), 351(3) and 190 of Bharatiya Nyaya Sanhita 2023 pending on the file of Civil Judge and JMFC (Jn.Dn) Yadgir, in the interest of justice.“ 3. Facts of the case are as under: A complaint came to be lodged with Saidapur Police Station by Sri Nitin Kumar Tiwari, which was registered in Crime No.144/2024 on 27.10.2024 for the offences punishable under Sections 316(5), 318(4), 351(2), 351(3) and 190 of Bharatiya Nyaya Sanhita, 2023. 4. Gist of the complaint averments would reveal that despite deposit of the required finance, the vehicle, which was agreed to be sold was not delivered and therefore complainant lodged a complaint. The role assigned to the present petitioners in the said complaint is that they have financed the purchase of the vehicle by - 4 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 way of loan and there is collusion between the supplier and the present petitioners. 5. Co-accused persons have been granted bail by the learned Trial Judge but anticipatory bail request was rejected. Therefore, petitioners are before this Court. 6. Sri Shravan Kumar Math, learned counsel for the petitioners would contend that the very reasoning assigned by the learned Trial Judge while granting bail to the co-accused is not based on the factual aspects but on distorted facts. He would further contend that the present petitioners have only lent the loan and if the delivery of the vehicle has not been taken place, they are not responsible for the alleged offence. Therefore, he prays for grant of anticipatory bail. 7. Per Contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader would contend that petitioners are also conspirators in the alleged crime and - 5 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 therefore their presence and custodial interrogation is necessary and sought for dismissal of the petition. 8. Having heard arguments of both sides, this Court perused the material on record meticulously. On such perusal of the material on record, it is seen that admittedly after receipt of the money, vehicle is not delivered. Under what circumstances, the vehicle is not delivered, cannot be adjudicated by this Court by holding a mini trial that too at the time of consideration of the anticipatory bail of accused Nos.7 and 8, who are the financiers of the vehicle having lent the loan. Taking note of the attendant facts and circumstances and need of the prosecution with regard to the custodial interrogation, if the petitioners are directed to join the investigation and undergo limited period of custodial interrogation, ends of justice would be met. 9. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 ORDER a) Criminal petition is allowed. b) Petitioners are directed to join the investigation by appearing before the Investigation Officer on 27.06.2025 at 10.00 a.m. c) Investigation Officer is at liberty to take the petitioners to custody and complete the custodial interrogation on the same day before 5.00 p.m. and thereafter, enlarge the petitioners on bail in Crime No.144/2024 on taking bonds in a sum of Rs.50,000/- each with two sureties for the likesum to the satisfaction of the Investigation Officer. d) Petitioners shall not indulge in similar offences. e) Petitioners shall co-operate with the Investigation Agency and in that direction, shall mark their attendance on every third Sunday between 10.00 a.m. to 02.00 p.m., till the final report is filed. - 7 - HC-KAR NC: 2025:KHC-K:3199 CRL.P No. 200844 of 2025 f) Petitioners shall not tamper the prosecution witnesses in any manner. g) Petitioners shall not leave the jurisdiction of Yadgir district without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 20 CT: AK