- 1 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103146 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: DASTAGEERSAB S/O RASULSAB DHALAYAT, AGE. 45 YEARS, OCC. COOLIE, R/O. RAJIVAGANDHI COLONY, NAVANAGAR, BAGALKOT-587 103. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (NAVANAGAR POLICE STATION), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO ISSUE A DIRECTION TO THE NAVANAGAR POLICE STATION, BAGALKOTE, TO ENLARGE THE PRESENT PETITIONER ANTICIPATORY BAIL WHO IS ARRAYED AS ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST BY THE NAVANAGAR POLICE, IN CONNECTION WITH THEIR P.S. CRIME NO.64/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 318(4), 352 AND 74 R/W SECTION 3(5) OF BNS, 2023, ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, BAGALKOTE, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in Crime No.64 of 2025 was registered by Navanagar Police Station, Bagalkote, for offences punishable under Sections 115(2), 318(4), 352 and 74 read with Section 3(5) of BNS 2023, is before this Court under Section 482 of BNSS 2023 seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.64 of 2025 was registered by Navanagar Police Station, Bagalkote, for the aforesaid offences against the petitioner and two others, based on the first information dated 21.05.2025 received from Smt.Ratna Topanagouda. Apprehending arrest in the case, petitioner had filed Criminal Misc.No.340/2025 before the Jurisdictional Sessions Court, which was rejected on 21.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedent. For extraneous reasons, a false complaint has been filed. - 3 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 Petitioner is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She however fairly submits that the complainant has also not co-operated for the purpose of investigation and fake gold ornaments which allegedly were given by the accused to the complainant is also not produced by her before the police in spite of repeated notice issued to her. Since the complainant has not co-operated for the purpose of investigation, the police could not record the statements of the alleged victims in the present case. 6. In the first information, which is submitted by the alleged victim, she has stated that she is a widow, carrying on the petty business for her livelihood. Accused No.2 who is acquainted to her had approached her and had represented that he can arrange for providing gold to her, if she along with 22 others performs some pooja. Thereafter, accused Nos.1 and 2 met her and showed her - 4 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 some ornaments and made her believe that the same are gold ornaments and asked her to keep the same for the purpose of Lakshmi Pooja and allegedly informed her that if she pays cash to them, they will give the gold to her. Therefore, she allegedly arranged for a sum of ₹15,00,000/- after borrowing money from her relatives and neighbours and handed over the same to accused Nos.1 and 2, who handed over the alleged gold ornaments wrapped in a cloth and asked her to open the same after 21 days. Subsequently, when she opened the cloth, she found that the gold ornaments were fake and it is under these circumstances, she had approached the police on 21.05.2025 and based on her first information, FIR was registered against accused Nos.1 to 3. 7. Learned counsel for the petitioner has submitted that petitioner has no criminal antecedent and said submission is not seriously disputed by the learned HCGP. - 5 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 8. Learned HCGP based on instruction has fairly submitted that complainant has not been cooperating with the police and in spite of repeated notice, the fake gold ornaments are not produced before the police and because of his non cooperation, the statement of the other victims is also not recorded in the present case. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of 7 years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that reserving liberty to the Investigation Officer in the present case to seek custody of the petitioner for the purpose of interrogation, if it becomes necessary, by filing application before the Judicial Court of Magistrate the prayer made by the petitioner in the present case needs to be allowed. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 ORDER The petition is allowed, subject to the following conditions: i. The petitioner/accused No.1 is directed to appear before the investigation officer on 30.08.2025 between 10.00 a.m. and 11.00 a.m. and on the said day, the Investigation Officer is at liberty to take the petitioner to custody for the purpose of interrogation. However, it is made clear that on the same day on or before 06.00 p.m., the petitioner shall be released by the Investigation Officer subject to petitioner executing a personal bond for a sum, of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 7 - HC-KAR NC: 2025:KHC-D:10622 CRL.P No. 103146 of 2025 iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK-paras 1 to 5 VMB- paras 6 till end CT:BCK LIST NO.: 1 SL NO.: 27