- 1 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100811 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SMT. POORNIMA W/O. LATE JAYATIRTHA @ JAYATEERATH PADAKI, AGE: 44 YEARS, OCC. CATERING, R/O. H.NO.160, CITY PARK, NEAR PETROL PUMP, GAMANAGATTI ROAD, NAVANAGAR-580025. …PETITIONER (BY SRI M.A. PATHAN, ADVOCATE FOR SRI A A PATHAN, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH A P M C NAVANGAR POLICE STATION HUBBALLI) BY H.C.G.P. HIGH COURT BENCH, DHARWAD HIGH COURT BUILDING BENCH, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 438 (1) OF CR.P.C. (SECTION 482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE ABOVE NAMED PETITIONER/ACCUSED NO.1 IN APMC NAVANAGAR POLICE STATION CRIME NO.131/2024 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 506, 34, 504, 406, 420, 465, 468, 471, 417 OF IPC, PENDING ON THE FILE OF III ADDL.SENIOR CIVIL JUDGE AND JMFC COURT, HUBBALLI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.21 10:36:18 +0530 - 2 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.M.A.PATHAN, learned counsel appearing on behalf of Sri.A.A.Pathan, learned counsel for the petitioner and Smt.Girija Hiremath, learned High Court Government Pleader for the State/respondent. 2. Present petition is filed under Section 438 of Cr.P.C./482 of Bharatiya Nagarik Suraksha Sanhita with the following prayer: “WHEREFORE, it is most humbly prayed that this Hon’ble Court be pleased to grant anticipatory bail to the above named petitioner/accused No.1 in APMC Navanagar Police Station Crime No.131/2024 for the alleged offence punishable under Section 506, 34, 504, 406, 420, 465, 468, 471, 417 of IPC pending on the file of IIIrd Addl. Senior Civil Judge and JMFC Court, Hubballi, in the interest of justice.” 3. Upon the complaint lodged by Smt.Anita Vaidya, APMC Navanagar Police registered a case in Crime No.131/2024 on 24.12.2024 for the offences punishable - 3 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 under Section 506, 34, 504, 406, 420, 465, 468, 471, 417 of IPC and are investigating the matter. 4. Present petitioner is accused No.1 in the said criminal case. 5. Complaint averments would reveal that complainant and husband were carrying on catering business. Present petitioner joined them as an assistant in the catering work. Thereafter, she developed intimacy with the husband of the complainant and collected information about the valuables held by the complainant and her husband including the bank details. 6. In order to knock off the said valuables and to misuse the funds in the bank, she started behaving with her husband in an improper manner. Same was objected to by the complainant and advised her to behave properly. 7. Subsequent there to, petitioner was successful in developing the physical relationship with husband of the complainant. Later on, complainant was thrown out of the - 4 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 house along with her children on 07.02.2022 leaving behind the cash, valuables and bank passbook etc. 8. Efforts made by the complainant in getting back the valuables and reestablishing the relationship with her husband failed. Ultimately, she lodged the complaint. No doubt there is a delay in lodging the complaint but in the complaint itself there is sufficient reasons assigned for the delayed complaint. 9. Police after registering the case, are investigating the matter. For want of the presence of the present petitioner, investigation has crippled to a considerable extent. 10. In the meantime, petitioner approached the learned I Additional District and Sessions Court, Dharwad, Sitting at Hubballi with a request for grant of anticipatory bail in Crl.Misc.No.5644/2024 which is rejected by considered order dated 15.01.2025. - 5 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 11. Thereafter, petitioner is before this Court, in this petition on following grounds.  It is submitted that, the prosecution has not at all made out any prima-facie case against the above named petitioner.  It is submitted that, looking to the facts and circumstances of the case the alleged offences are not punishable either death or imprisonment for life and moreover the above offences are exclusively triable by Magistrate Court.  It is submitted that, the Petitioner is the innocent of the offences alleged and there are no reasonable grounds or materials to believe that the Petitioner has committed any of the offences alleged by the complainant.  It is submitted that, according to the complainant the alleged offences occurred on 29/08/2022 to 22/09/2022, but the complainant filed the alleged complaint after the abnormal delay of more then 2 years and 3 months on 24/12/2024. Therefore, it is crystal clear that, the complainant filed false and concocted complaint against the petitioner and others with malafide intention to harass, dismay and to grab money. - 6 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025  It is submitted that, the above named petitioner is a law abiding citizen and she is also having movable and immovable properties in her name and also she is permanent resident of above said addresses and having deep roots in the society. Hence, there is no question of absconding in the vent of bail is granted to her.  It is submitted that, the above named petitioner is a widow suffering from ill health.  It is submitted that, the above named petitioner is ready and willing to give adequate surety and further she is ready and willing to appear before the court on all the dates of hearing.  It is submitted that, the above named petitioner is ready and willing to appear before the investigating officer whenever the investigating officer required the petitioner for investigation.  It is submitted that, the above named petitioners is ready and willing to abide by any terms and conditions that may be imposed by this Hon'ble court in the event of bail is granted to him. - 7 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025  It is submitted that, bail is right and its rejection is an exception. Looking to the facts and circumstances of the case in hand there are sufficient grounds to grant bail to the above named petitioner.” 12. Sri.M.A.Pathan, learned counsel for the petitioner reiterating the grounds urged in the petition contended that petitioner is innocent of the offences alleged against him and she has been falsely implicated in the incident. 13. He would further contend that petitioner being a lady, she is entitled to be granted anticipatory bail in view of proviso to Section 437 of Cr.P.C. . He would further contend that there is a delayed complaint which exposes the hollowness in the case of the prosecution and sought for allowing the petition. 14. Per contra, learned High Court Government Pleader for the State/respondent opposes the bail grounds with vehemence. - 8 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 15. Having taken note of the attendant circumstances and in the light of the arguments addressed by the parties, this Court perused the material on record meticulously. 16. On such perusal of the material on record, it is seen that till today, the petitioner is not available for the investigation agency. Admittedly, petition came to be filed in December, 2024 seeking grant of anticipatory bail which came to be rejected on 15.01.2025. Despite the same till today, the petitioner is not available to the investigation agency. 17. These aspects of the matter, at this stage, shows that the petitioner is not a law abiding citizen. Moreover, the complainant is thrown out from her own house along with young children and present petitioner is having a relationship with the husband of the complainant. - 9 - NC: 2025:KHC-D:5053 CRL.P No. 100811 of 2025 18. All these factors when viewed cumulatively, this Court is of the considered opinion that the grounds urged in the petition are hardly sufficient to order for grant of anticipatory bail by resorting to the special powers vested in this Court. 19. Accordingly, the following: ORDER i. Bail Petition is rejected. ii. However, if the petitioner surrenders before the Trial Court, her bail request needs to be entertained by the Trial Court uninfluenced by the observations made by this Court in this order. SD/- (V.SRISHANANDA) JUDGE KAV CT:PA LIST NO.: 1 SL NO.: 17 Order sheet