- 1 - NC: 2025:KHC-D:4241 CRL.P No. 100545 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100545 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SRI BASAVARAJ VEERABHADRAPPA ITAGIPATIL, AGE: 56 YEARS, OCC. BUSINESS, R/O. BANKARATA CROSS, DASANAKOPPA, SIRSI, SIRSI TALUK, DIST. UTTARA KANNADA-581401. …PETITIONER (BY SRI P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KUMTA POLICE STATION, KUMTA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD -580011. 2. THE POLICE SUB-INSPECTOR KUMTA POLICE STATION, KUMTA, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011. …RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4) OF BNS, 2023 IN CRIME NO.234/2024 DATED 01.12.2024 OF KUMTA POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.11 14:28:06 +0530 - 2 - NC: 2025:KHC-D:4241 CRL.P No. 100545 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri P.G. Chikkanaragund, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) with the following prayer: “To allow this petition and enlarge the petitioner on bail for the offence punishable under Section 318(4) of BNS, 2023 in Crime No.234/2024 dated 01.12.2024 of Kumta Police Station.” 3. Facts in brief which are utmost necessary for the disposal of the petition are as under: Kuppu Mani Gouda lodged a complaint with the Kumta Police Station on 01.12.2024, which came to be registered in Crime No.234/2024 for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023. - 3 - NC: 2025:KHC-D:4241 CRL.P No. 100545 of 2025 4. Gist of the complaint averments reveals that the complainant is having 2 guntas of land and there was no proper revenue records. In that regard, he had been to Deputy Commissioner’s office and he came into contact with the petitioner stating that he is well-versed in getting the revenue documents perfected in respect of the lands. Therefore, he demanded money from complainant. Accused has also stated that he has got the revenue documents perfected in respect of several people including the people who have illegally encroached the Government land. Believing the words of petitioner, complainant has parted away money to the petitioner and so also on the promise made by him that he would get a job for his daughter, petitioner has received Rs.6,00,000/- from the complainant. In all, petitioner has received Rs.16,00,000/- from the complainant. 5. He has also stated that apart from him, the petitioner has cheated 16 persons, details of which, is also furnished in the complaint. - 4 - NC: 2025:KHC-D:4241 CRL.P No. 100545 of 2025 6. Police after registering the case, investigated the matter and the petitioner is not available to the Investigating Agency. 7. Sri Sri P.G. Chikkanaragund, learned counsel for petitioner contends that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case on hand and therefore, sought for allowing the petition. 8. Per contra, Smt. Girija S. Hiremath, learned High Court Government Pleader opposes the bail grounds by contending that not only the complainant and 16 others have been cheated by the petitioner but also he has also several other people and there are allegations against him including the impersonation and drawing money by cheating the bank and creating the documents for the purpose of impersonation and drawing the money and therefore, anticipatory bail is to be rejected. - 5 - NC: 2025:KHC-D:4241 CRL.P No. 100545 of 2025 9. She also submits that there are criminal antecedents and petitioner has been enlarged on anticipatory bail in earlier case. Thereafter, he has repeated these offences and therefore, petition is to be rejected. 10. Having heard the parties in detail, this Court perused the material on record meticulously. 11. On perusal of the material on record, there is sufficient force in the argument put forth on behalf of the prosecution that the petitioner is a habitual and has indulged in similar activities earlier also. 12. Therefore, petitioner cannot be termed as a law abiding citizen or innocent person which is sine qua non for entertaining anticipatory bail request. 13. Gravity of the offence requires that the custodial interrogation is utmost necessary as not only the complainant and several others have been cheated by the petitioner. - 6 - NC: 2025:KHC-D:4241 CRL.P No. 100545 of 2025 14. Therefore, the request made by the petitioner cannot be entertained by this Court by exercising the special power vested in this Court under Section 483 of BNSS. 15. From the above discussion, the following : ORDER Criminal Petition is rejected. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA List No.: 1 Sl No.: 30