- 1 - HC-KAR NC: 2025:KHC-D:13798 CRL.P No. 102088 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.102088 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: MR. VIKAS VILAS KADAM, AGE. 41 YEARS, OCC. BUSINESS, R/O. AT POST ATAPADI, TQ. ATAPADI, DIST. SANGALI, MAHARASHTRA-415301. …PETITIONER (BY SRI. SHADAB HASANSAB YADAWAD, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED THROUGH STATE PUBLIC PROSECUTOR, THROUGH BAILHONGAL POLICE STATION, BAILHONGAL, HIGH COURT DHARWAD. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO MODIFY THE IMPUGNED ORDER DATED 24.07.2023 PRODUCED AT ANNEXURE-C PASSED BY THE HON’BLE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE BELAGAVI, IN CR.R.P. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13798 CRL.P No. 102088 of 2025 NO.109/2023 FILED BY THE PETITIONER UNDER SECTION 397 OF CR.P.C., THEREBY RELAXING CONDITION OF 10 LAKH BANK GUARANTEE AND ETC.,. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petition is filed by the petitioner seeking to set aside the order dated 24.07.2023 passed by the IV Additional District and Sessions Judge, Belagavi1. 2. It is contended that FIR came to be registered in Crime No.85/2022 for the offences under Section 395, 120B of the Indian Penal Code, 18602 and Section 25(A) of Indian Arms Act. After conclusion of the investigation, charge sheet has been submitted. Factual matrix of the case: 1 For short, ‘the Trial Court’ 2 For short, ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:13798 CRL.P No. 102088 of 2025 3. It is further stated that, the petitioner is the victim, wherein he had lost his amount of Rs.2,73,00,000/- (Rupees Two Crores Seventy-three Lakhs Only) in the above case. Subsequently, the amount was recovered from the accused. The petitioner had filed an application for release of the said amount. The Trial Court released the amount by taking bank guarantee of Rs.2,00,000/-. 4. It is further stated that after arresting accused No.3, an amount of Rs.32,00,000/- was recovered from him and the same has been subjected to PF No.193/2022. The petitioner again filed an application seeking for releasing the the said amount. Though, an order is passed to release the said amount in favour of the petitioner, a condition was imposed to furnish the bank guarantee for the entire amount, which would certainly causing inconvenience. Therefore, the said order has to be set aside. 5. Per contra, the learned HCGP vehemently submitted that the order of imposing condition requiring bank guarantee cannot be construed as unreasonable for - 4 - HC-KAR NC: 2025:KHC-D:13798 CRL.P No. 102088 of 2025 the reasons that the earlier bank guarantee was imposed and the said guarantee was paid by the petitioner. Therefore, it is not construed that the order of imposing bank guarantee for the entire amount is not unreasonable. Therefore, the petition is deserves to be dismissed. 6. Having heard the learned counsels for the respective parties and also perused the findings of the Trial Court, it appears from the record that the petitioner has lost his money in the incident and it has been recovered by the different accused persons. No doubt, the Trial Court has ordered to furnish the bank guarantee of Rs.2,00,000/- at the time when the amount of Rs.2,73,00,000/- was released. 7. Be that as it may, insisting the bank guarantee for the entire amount even though it does not serve any purpose, would, in my considered opinion, is not proper. Therefore, it is appropriate to direct the petitioner to furnish indemnity bond with one surety for the entire amount. - 5 - HC-KAR NC: 2025:KHC-D:13798 CRL.P No. 102088 of 2025 8. Hence, I proceed the pass the following: ORDER (i) The petition is allowed. (ii) The order dated 24.07.2023 passed by the IV Additional District and Sessions Judge, Belagavi, is hereby set aside. (iii) The petitioner is directed to furnish indemnity bond with one surety for the entire amount. Sd/- (S.RACHAIAH) JUDGE SMM / CT: UMD List No.: 1 Sl No.: 10