- 1 - HC-KAR NC: 2025:KHC-D:14497 CRL.P No. 103993 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103993 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT. LAKSHMI SHANMUKH KHARVI, AGE. 43 YEARS, OCC. HOUSEWIFE, R/O. BELAMBAR, TQ. ANKOLA, DIST. UTTARA KANNADA-581314. …PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ANKOLA POLICE STATION, BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 IN THE EVENT OF HER ARREST IN CRIME NO.112/2025 OF ANKOLA POLICE STATION, REGISTERED FOR THE OFFENCES UNDER SECTIONS 336(2), 336(3), 338, 339, 340, 341(4), 342(1), 342(2), 343, 316(2), 318(2), 318(4), 319(2) OF THE BNS, NOW PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND J.M.F.C. ANKOLA AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14497 CRL.P No. 103993 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.112/2025 of respondent/Police for the offence punishable under Sections 336(2), 336(3), 338, 339, 340, 341(1), 342(2), 343, 316(2), 318(2), 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case: 2. The complainant was working as CEO of Sharadamba Woman Multipurpose Co-operative Bank lodges a complaint stating that, the petitioner who is arrayed as accused No.2 had borrowed a sum of Rs.10 Lakhs on executing the mortgage deed. However, the petitioner and other accused even though, not repaid the loan, created the forged documents that the amount was 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:14497 CRL.P No. 103993 of 2025 cleared to the Bank and submitted the forged ‘No Objection Certificate’ to the Sub-Registrar office and got the mortgage deed cancelled. As such, the petitioner and other accused committed the offences stated supra. 3. Heard Sri.J.S.Shetty, learned counsel for the petitioner and Sri. Praveen Y. Devareddi, learned High Court Government Pleader for respondent-State. 4. It is the submission of the learned counsel for the petitioner that, the petitioner is innocent of the alleged offences, she has been falsely implicated in this case in order to apply coercive method to extort money, even though it was cleared. 5. The petitioner is aged about 43 years and working as house wife and resident of Belambar, Ankola Taluk. She will abide the conditions imposed by this Court in the event of her release on bail. Making such submissions, he prays to allow the petition. 6. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, - 4 - HC-KAR NC: 2025:KHC-D:14497 CRL.P No. 103993 of 2025 the huge public money is involved in this case, she being borrower of the money was suppose to repay the amount within a stipulated period. However, in order to deceive the Bank, she created and forged ‘No Objection Certificate’ and produced before the Sub-Registrar and obtained the mortgage deed cancelled. Therefore, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint makes it clear that, the petitioner is said to have created and fabricated NOC and submitted to the Sub- Registrar Office knowingly that, it was forged with an intention to commit fraud on the complainant-Bank. 8. On careful perusal of the documents available on record, the alleged offences are neither punishable with death nor imprisonment for life, moreover, she is woman, if suitable conditions are imposed, that would take care of the - 5 - HC-KAR NC: 2025:KHC-D:14497 CRL.P No. 103993 of 2025 apprehension of the prosecution. Hence, it is appropriate to grant bail as prayed for. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of her arrest in Crime No.112/2025 of respondent/Police, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the respondent/Police within one month from today to execute the personal bond and also to furnish the surety. (iv) The petitioner shall not threaten the prosecution witness. - 6 - HC-KAR NC: 2025:KHC-D:14497 CRL.P No. 103993 of 2025 (v) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioner shall co-operate with the investigation till filing of the charge sheet. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 2 Sl No.: 23