- 1 - NC: 2025:KHC-D:5016 CRL.P No. 101008 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101008 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: MANEESH S/O. GOURISH NAYAK, AGE 23 YEARS, OCC. STUDENT, R/O. BHAVIKERI, TQ. ANKOLA, DIST. UTTARA KANNADA-581314. …PETITIONER (BY SRI VISHWANATH HEGDE, ADVOCATE) AND: STATE OF KARNATAKA BY P.S.I. ANKOLA POLICE STATION, REP. THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED 483 OF BNSS 2023, SEEKING TO THE PETITIONER/ACCUSED NO.11 MAY BE ORDERED TO BE RELEASED ON BAIL IN ANKOLA P.S. CRIME NO.0187/2024 PENDING ON THE FILE OF PRL.CIVIL JUDGE (JR.DN.) AND JMFC COURT, ANKOLA FOR ALLEGED OFFENCES U/SECTIONS 111(4), 3(5), 316(2), 316(5), 318(2), 318(4) OF THE BHARATIYA NYAYA SANHITA, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.20 12:36:27 +0530 - 2 - NC: 2025:KHC-D:5016 CRL.P No. 101008 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vishwanath Hedge, learned counsel for petitioner and Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent. 2. Petition under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) with the following prayer: “To the petitioner/accused No.11 may be ordered to be released on bail in Ankola P.S. Crime No.0187/2024 pending on the file of Prl. Civil Judge (Jr.Dn.) and JMFC Court, Ankola for alleged offences u/Sections 111(4), 3(5), 316(2), 316(5), 318(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023.” 3. Facts which are utmost necessary for the disposal of the petition are as under: The petitioner is the person who aided accused No.2 to misappropriate the money received from accused No.1 for and on behalf of accused No.3. - 3 - NC: 2025:KHC-D:5016 CRL.P No. 101008 of 2025 3.1 It is contended for and on behalf of the petitioner that accused No.2 is the real culprit and case against him is stayed by this Court in Crl.P.No.101185/2025. However, it is submitted that said petition is dismissed as withdrawn. 3.2 It is also his case that accused No.2 made them to believe that the petitioner after getting some benefit from the Government or to get a Government job took the bank account details and also a signed blank cheque. Thereafter, accused No.2 said to have deposited the money in the accounts of the present petitioner and after giving some amount as incentive, accused No.2 has withdrawn the money. Bank account details are collected by Investigation Officer. Though the accused-petitioner is arrested on 19.12.2024, till today, charge sheet is not filed. - 4 - NC: 2025:KHC-D:5016 CRL.P No. 101008 of 2025 4. Learned High Court Government Pleader submits that because of the stay order passed by the Coordinate Bench of this Court in Crl.P. No.101185/2025 and accused No.1 being absconding, the charge sheet is not yet filed. 5. Be that as it may. The petitioner did not exercise his right under Section 167(2) of Cr.P.C. or Section 187 of BNSS. 6. Taking note of the fact that custodial interrogation of the present petitioner is already completed and necessary documents have already been collected from the petitioner, continuance of the present petitioner in the judicial custody is no longer warranted. 7. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. - 5 - NC: 2025:KHC-D:5016 CRL.P No. 101008 of 2025 8. Accordingly, the following order is passed. ORDER (1) Criminal Petition is allowed. (2) Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakh only] with two sureties for the likesum to the satisfaction of the learned Trial Judge. (3) Petitioner shall cooperate with the Investigating Agency and in that regard he is required to mark his attendance before the Investigating Officer on every third Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (4) Petitioner shall furnish his specimen handwriting or such other details which are required by the Investigating Agency to facilitate the investigation process. (5) Petitioner shall not tamper the prosecution witnesses in any manner. (6) Petitioner shall attend the Court regularly. - 6 - NC: 2025:KHC-D:5016 CRL.P No. 101008 of 2025 (7) Petitioner shall not leave the jurisdiction of Uttara Kannada District without prior permission. Further, it is made clear that grant of bail to the present petitioner would not be ipso facto parity for other accused persons. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 23