- 1 - NC: 2025:KHC-D:3580 CRL.P No. 100311 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRIMINAL PETITION NO.100311 OF 2025 [438(CR.PC)/482(BNSS)] BETWEEN: SMT. ALKA THAKUR AGE: 42 YEARS, OCC. HOUSEWIFE, R/A. C/O. MANPREET SINGH, #505, SECTOR-20A, CHANDIGARH, CHANDIGARH-160020. … PETITIONER (BY SRI NAYANA KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD, THROUGH KARWAR TOWN P.S. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2024, SEEKING TO DIRECT THE RESPONDENT THAT IN THE EVENT OF ARREST OF THE PETITIONER/ACCUSED IN CRIME NO.107/2023 DATED 29.07.2023 REGISTERED AT KARWAR TOWN P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 OF IPC PENDING ON THE FILE OF THE CIVIL JUDGE (SR.DN.) CJM COURT, UTTARA KANNADA DISTRICT, KARWAR, SHE MAY BE ENLARGED ON BAIL FORTHWITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.22 13:28:36 +0530 - 2 - NC: 2025:KHC-D:3580 CRL.P No. 100311 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) seeking for anticipatory bail in Crime no.107/2023 of Karwar Town Police Station, Karwar for offences punishable under Sections 406 and 420 of Indian Penal Code (‘IPC’ for short) by accused (petitioner). 2. Sri Nayana Kumar, learned counsel for petitioner submitted, petitioner is law abiding citizen and permanent resident of Chandigarh without any antecedents. She is homemaker residing with children and old aged parents-in-law who are dependent on her. At outset, it was submitted, complaint was registered more than one year ago on 08.09.2023. Despite lapse of time, police had neither completed investigation and filed charge sheet nor filed ‘B’ report. Absolutely no incriminating material was available against petitioner. Therefore it was evident that her arraignment was to harass and spoil her reputation. On said ground sought for grant of bail by imposing any conditions, - 3 - NC: 2025:KHC-D:3580 CRL.P No. 100311 of 2025 which petitioner undertook to comply. It was submitted rejection of bail petition by learned District Judge was without proper appreciation of above facts and circumstances. 3. On other hand Sri Jairam Siddi, HCGP opposed petition. It was submitted complaint was received and FIR registered on 08.09.2023, Investigating Officer had diligently pursued investigation and got recorded statements of three victims under Section 164 of CrPC. He had also issued notice under Section 41A(1) of CrPC to petitioner on 21.11.2024, which petitioner had failed to respond too. Under above circumstances, as investigation was pending and as per complaint petitioner was alleged to have cheated 23 persons on false promise of securing jobs overseas, petitioner was not entitled for anticipatory bail. It was further submitted petitioner was resident of Chandigarh and was likely to jump bail. On above grounds sought for rejection of bail. 4. Heard learned counsel. 5. From above, only point that would arise for consideration is: - 4 - NC: 2025:KHC-D:3580 CRL.P No. 100311 of 2025 “Whether petitioner is entitled for anticipatory bail on conditions?” 6. This petition for anticipatory bail is by petitioner basing her apprehension of imminent arrest on registration of Crime no.107/2023 by Karwar Town Police for non-bailable offences as stated above. 7. Nature of offences are serious as offence under Section 406 of IPC is punishable with imprisonment for three years and of cheating under Section 420 of IPC punishable with imprisonment which may extend to seven years. 8. Narration in complaint would indicate that by making false promise and creation of records showing appointment to high paying overseas jobs, petitioner had extracted huge sums of money of Rs.5,00,000/- in case of petitioner and from 22 others would indicate that it is perhaps a racket, which would be matter of grave concern. 9. But it is rather glaring that FIR was registered on 08.09.2023 and nearly one and half years since only noteworthy progress celebrated is issuance of notice to petitioner that too on 21.11.2024 and recording of statements - 5 - NC: 2025:KHC-D:3580 CRL.P No. 100311 of 2025 of three persons under Section 164 of Cr.PC. This would indicate that investigation is being conducted callously or attempting to match snail’s pace, prompting this Court to consider petitioner’s claim for anticipatory bail on this ground alone. Besides, petitioner has produced her Aadhaar card showing her permanent residence along with family. Concerns of prosecution that she is likely to abscond or jump bail can be met by imposing appropriate conditions. In view of above, point for consideration is answered in affirmative. Hence following: ORDER Petition is allowed. Petitioner - accused is ordered to be enlarged on bail, in case of her arrest in Crime no.107/2023 of Karwar Town Police Station, for offences punishable under Sections 406 and 420 of IPC, subject to following conditions: a) Petitioner shall appear before Investigating Officer within 15 days from date of this order and execute personal bond for sum of Rs.2,00,000/- with two sureties (one of whom shall be local) for likesum. b) She shall appear before Investigating Officer as and when required and co-operate with investigation. - 6 - NC: 2025:KHC-D:3580 CRL.P No. 100311 of 2025 c) She shall mark her attendance with Investigating Officer once a month between 9:00 a.m. to 5:00 p.m. on first Sunday of every month beginning from 08.03.2025 for a period of six months or filing of charge sheet/’B’ report whichever is earlier. d) She shall not involve in any criminal activities. e) She shall be regular in attending Court proceedings. f) She shall forthwith inform change of residence to Investigating Officer. g) Direction is issued to Superintendent of Police, Uttara Kannada District, Karwar to examine whether there has been laxity in investigation and to report to concerned authority for disciplinary action, if necessary to change Investigating Officer and monitoring progress. h) Copy of this order shall be sent to Superintendent of Police, Uttara Kannada, Karwar by registry. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 9