- 1 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101005 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT. VINOD DASTIKOPPA S/O. SHIVAPUTRAPPA, AGE: 30 YEARS, OCC. PRIVATE SERVICE, R/O. CHIKKAHATTIHOLE, TQ. KHANAPUR, DIST. BELAGAVI-591131. …PETITIONER (BY SRI SANTOSH B. RAWOOT, ADVOCATE) AND: STATE OF KARNATAKA THROUGH P.I. KAMARIPET P.S., BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF BUILDINGS, DHARWAD BENCH, DHARWAD. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO ALLOW THE PETITION AND THE PETITIONER/ACCUSED NO.1 MAY BE ENLARGED ON BAIL IN EVENT OF ARREST OF PETITIONER/ACCUSED NO.1 CONNECTION KAMARIPETH P.S. CRIME NO.05/2025 WITH OFFENCES PUNISHABLE UNDER SECTIONS 74, 351(2), 352 R/W. SECTION 3(5) OF BNS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.03 10:53:14 +0530 - 2 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Santosh B. Rawoot, learned counsel for petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’, for short) in respect of Crime No.5/2025 registered by the Kamaripeth Police Station, Hubballi for the offences punishable under Section 74, 351(2), 352 R/W Section 3(5) of BNS Act, with the following prayer: “To allow the petition and the Petitioner/Accused No.1 may be enlarged on bail in event of arrest of Petitioner/Accused No.1 connection Kamaripeth P.S. Crime No.05/2025 with offences punishable under Sections 74, 351(2), 352 R/W. Section 3(5) of BNS act.” 3. Facts of the case are as under: - 3 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 3.1 Smt. Arifabanu lodged the complaint contending that she has obtained a loan from Suchit of Shriifin Credit Pvt. Ltd., Navanagar and in respect of repayment there were some differences and petitioner herein visited the House of the complainant and misbehaved with her and also abused her and gave life threat. 3.2 After registering the case, Police are trying to arrest the petitioner for investigation, but he is absconding. 3.3 Anticipatory bail request made by the petitioner is turned down by the learned District Judge and thereafter petitioner is before this Court. 4. Learned counsel for the petitioner submits that on the alleged day of incident petitioner was not in station and has not visited the House of the complainant and its a false complaint only with an intention to avoid the repayment of the loan and therefore sought for grant of bail. - 4 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 5. Per contra, learned High Court Government Pleader opposes the bail grounds by contending that plea of alibi cannot be entertained at the time of considering the anticipatory bail request and very fact that there is no proceedings filed for recovery the loan in accordance with law, presupposes that the petitioner wanted to highhandedly recover the loan from the complainant and thus sought for dismissal of the petition. 6. Having heard the learned counsel for the parties, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that the petitioner herein being the Manager Suchit of Shriifin Credit Pvt. Ltd., is not in dispute. 7. Likewise, the transaction between complainant and her family members had with the Suchit of Shriifin Credit Pvt. Ltd., is not in the dispute. Admittedly there is due from the complainant party in respect of the loan - 5 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 transaction. It is always open for the Shriifin Credit Pvt. Ltd., to recover the money lent to the complainant party in accordance with law by filing appropriate proceedings. 8. Mere lending the money would not ipso facto grant a licence for the Suchit of Shriifin Credit Pvt. Ltd., to use extrajudicial methods to recover the money. 9. Nevertheless, since the matter is to be investigated by the police in respect of complaint averments and petitioner is not available to the investigation agency, directing the petitioner to join the investigation and cooperate with the investigation by undergoing limited period of custodial interrogation could meet the ends of justice in the case on hand. 10. Accordingly, the following order: ORDER (i) Petition is allowed. - 6 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 (ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer positively on 15.04.2025 at 10.00 a.m. (iii) The Investigation Officer is at liberty to take him to custody and complete the custodial interrogation, if any, on the very same day before 5.00 p.m. and thereafter enlarge the petitioner on bail by taking a bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the Investigation Officer. (iv) Petitioner shall cooperate with the Investigating Agency in all respects. (v) Petitioner shall not tamper the prosecution witnesses in any manner. (vi) Petitioner shall mark his attendance before the Investigation Officer on every third - 7 - NC: 2025:KHC-D:5845 CRL.P No. 101005 of 2025 Sunday between 10.00 a.m. to 2.00 p.m. till the final report is filed. (vii) Petitioner shall attend the Court regularly. (viii) Petitioner shall not in any way indulge in similar activities in respect of the loan transactions. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 1 Sl No.: 8