- 1 - HC-KAR NC: 2025:KHC:19795 CRL.P No. 7176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7176 OF 2025 BETWEEN: MR. RAJU NAIK AGED ABOUT 51 YEARS S/O RAMA NAIK RESIDING AT 243/2 KAVERI KELAKARI KUBNDAPURA UDUPI DISTRICT - 576 201. …PETITIONER (BY SRI SHARADI S SHETTY, ADV.) AND: THE STATE OF KARNATAKA THROUGH THE UDUPI TOWN POLICE STATION UDUPI - 576 101 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CONNECTION WITH CRIME NO.209/2024 OF UDUPI TOWN POLICE STATION, UDUPI FOR THE OFFENCES P/U/S 318(2), 336(2), 336(3), 340(2), 3(5) OF BNS 2023 SECTION 35 OF THE AADHAR (TARGETED DELIVERY OF FINANCIAL AND OTHER SUBSIDIES, BENEFITS AND SERVICE) ACT, 2016 PENDING ON THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, UDUPI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19795 CRL.P No. 7176 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.3 in Crime No.209/2024 registered by Udupi Town Police Station, Udupi District, for the offences punishable under Sections 318(2), 336(2), 336(3), 340(2), 3(5) of BNS, 2023, and Section 35 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.209/2024 was registered by Udupi Town Police Station, Udupi District, for the aforesaid offences against Ibrahim and Hameed based on the first information dated 07.12.2024 received from the Chief Administrative Officer, District Court, Udupi. Apprehending arrest in the case, petitioner herein had filed Crl. Misc. No.112/2025 before the jurisdictional Sessions Court, which was rejected on 07.04.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:19795 CRL.P No. 7176 of 2025 4. Learned Counsel for the petitioner submits that petitioner has no criminal antecedents and is now being implicated in the present case only based on the confession statement of accused nos.1 & 2. Petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, she prays to allow the petition. 5. Per contra, learned Addl. SPP has opposed the petition. She submits that there are serious allegations against the petitioner who allegedly has created fraudulent documents and submitted the same through accused nos.1 & 2 to the court. Involvement of other persons in committing the aforesaid crime cannot be ruled out. Therefore, custodial interrogation of the petitioner is required. Accordingly, she prays to dismiss the petition. 6. In the first information which is submitted by the Chief Administrative Officer of the District Court, Udupi, it is alleged that accused nos.1 & 2 in the present case viz., Ibrahim and Hameed allegedly had stood as sureties to various accused persons in different criminal cases and on verification, it was found that Aadhaar card and other documents produced by the - 4 - HC-KAR NC: 2025:KHC:19795 CRL.P No. 7176 of 2025 aforesaid accused nos.1 & 2 before the court were not genuine documents. It is in this background, the first information was initially registered against accused nos.1 & 2 in the present case for the aforesaid offences. 7. During the course of investigation, accused nos.1 & 2 were arrested in the present case and in their confession statement, they have stated that petitioner herein was acting as an agent for providing surety to the accused persons in criminal cases and whenever there was necessity of sureties, petitioner used to contact them and ask them to come near the court along with their passport size photographs, and all other documents were being provided by the petitioner for the purpose of producing the same before the court. It is further stated by them that petitioner herein along with the help of another accused by name Niyaz of Bantwal was creating fraudulent Aadhaar documents and used to submit the same before the Court. Therefore, it appears that some other accused persons are also involved with the petitioner herein in committing the alleged crime. - 5 - HC-KAR NC: 2025:KHC:19795 CRL.P No. 7176 of 2025 8. As rightly contended by the learned Addl.SPP, the allegations against the petitioner are of serious nature and the fraudulent documents created by him have been produced before the court, based on which the accused persons in various other criminal cases were released on bail. Fraud is played by the accused persons in the present case on the court and considering the seriousness of the allegations, I am of the opinion that the discretionary relief of anticipatory bail cannot be granted to the petitioner. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK