B P BALKRISHNA S/O POKKA GOUDA v. THE STATE OF KARNATAKA
CRL.P/103400/2025 · 2025-09-12
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37620 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37620 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11894 CRL.P No. 103400 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103400 OF 2025 (438(CR.PC)/482(BNSS))
BETWEEN:
B.P. BALKRISHNA S/O POKKA GOUDA, AGE. 57 YEARS, OCC. KSRTC CONTROLLER, R/O. VAADIBOGRI, BELAMBAR, TQ. ANKOLA, DIST. UTTARA KANNADA.
(ACCUSED NO.7 IN ANKOLA PS CRIME NO.112/2025) … PETITIONER (BY SRI. A.C. CHAKALABBI AND SRI. SHARANU NANDOOR, ADVOCATES)
AND:
THE STATE OF KARNATAKA, (PSI ANKOLA POLICE STATION, ANKOLA), REP. BY SPP, HIGH COURT BUILDING, DHARWAD-580 011.
(COMPLAINANT IN ANKOLA PS CRIME NO.112/2025) … 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 ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN ANKOLA POLICE STATION CRIME NO.112/2025 PENDING ON THE FILE OF PRL. CIVIL JUDGE(JR.DN.) AND JMFC, COURT ANKOLA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 336(2), 336(3), 338, 339, 340, 341(4), 342(1), 342(3), 343, 316(2), 318(2), 318(4), 319(2) OF B.N.S
2023. IN RESPECT OF ACCUSED NO.7/PETITIONER IS CONCERNED.
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
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HC-KAR NC: 2025:KHC-D:11894 CRL.P No. 103400 of 2025
ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)
Accused No.7 in Crime No.112 of 2025 registered by Ankola Police Station, Uttara Kannada District, for offences punishable under Sections 336(2), 338, 339, 340, 341(4), 342(1), 342(3), 343, 316(2), 318(2), 318(4), 319(2) of BNS, 2023 is before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.112 of 2025 was registered by Ankola Police Station, Uttara Kannada District, for the aforesaid offences against Rabhu Ashok Naik and six others based on the first information dated 05.07.2025 received from the Chief Executive Officer of Sharadamba Women Multi-Purpose Co-operative Society. Petitioner, who is arrayed as accused No.7 in the FIR, apprehending arrest in the case had filed Criminal Miscellaneous No.257 of 2025
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HC-KAR NC: 2025:KHC-D:11894 CRL.P No. 103400 of 2025
before the Jurisdictional Sessions Court which was rejected on 23.07.2025. Therefore, he is before this Court.
4. Material on record would go to show that in the year 2017, accused No.2 had borrowed a sum of Rs.10,000/- from the aforesaid Co-operative Society and it appears that accused Nos.1, 7 and one Ratnakar Ramachandra Naik were the sureties for the aforesaid loan borrowed by accused No.2. Accused Nos.1, 3, 5 and 6 have been granted anticipatory bail by this Court in Criminal Petition No.102989 of 2025 c/w Criminal Petition No.102988 of 2025 disposed of on 05.08.2025. It is not in dispute that petitioner has no criminal antecedent and he has undertaken to co-operate with the Police for the purpose of investigation. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:
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HC-KAR NC: 2025:KHC-D:11894 CRL.P No. 103400 of 2025
ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.112 of 2025 registered by Ankola Police Station, Uttara Kannada District, for offences punishable under Sections 336(2), 338, 339, 340, 341(4), 342(1), 342(3), 343, 316(2), 318(2), 318(4), 319(2) of BNS, 2023, subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the trial Court. (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
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HC-KAR NC: 2025:KHC-D:11894 CRL.P No. 103400 of 2025
with the police for investigation and appear before them whenever called upon. (iv) The petitioner shall not involve in similar offences in future.
Sd/- (S.VISHWAJITH SHETTY) JUDGE
RSH CT:BCK LIST NO.: 1 SL NO.: 34