- 1 - NC: 2025:KHC-D:5774 CRL.P No. 100491 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100491 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SHRI HARISH SHRIDHAR KULKARNI AGE: 49 YEARS, OCC. PRIVATE JOB, R/O. CHAWADI CIRCLE, TERDAL, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOTe-587315. …PETITIONER (BY SRI NAVEEN P. MOREY, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH TERDAL POLICE STATION, DIST. BAGALKOTE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, DHARWAD-580011. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THIS PETITIONER/ACCUSED IN CC NO.49/2023 (PRIVATE COMPLAINT NO.02/2023), ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC BANAHATTI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 467, 468, 471, 419, 420 OF IPC 1860. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.01 15:38:58 +0530 - 2 - NC: 2025:KHC-D:5774 CRL.P No. 100491 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Naveen Morey, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Petition is filed under Section 438 Cr.P.C. with the following prayer: “To grant anticipatory bail to this Petitioner/Accused in CC No.49/2023 (Private Complaint No.02/2023), on the file of Senior Civil Judge and JMFC Banahatti for the offence punishable under Sections 467, 468, 471, 419, 420 of IPC 1860.” 3. Petitioner is the younger brother of the complainant who had filed private complaint under Section 200 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) which was registered in P.C.R. No.02/2023. 4. Learned trial Magistrate took cognizance of the offence alleged against petitioner and the case is now pending in C.C.No.49/2023. In the mean time, petitioner approached the learned District Judge with a prayer to grant of anticipatory bail which was rejected by the learned trial Judge on the ground that two more - 3 - NC: 2025:KHC-D:5774 CRL.P No. 100491 of 2025 cases are pending against the petitioner. Certified copies of those cases are placed before the Court. Those cases are filed by the very same elder brother in respect of the incident said to have occurred on the ground that there was demand for partition which was refused by the petitioner. Allegation found against petitioner in the present petition that he said to have forged the signature of his father and obtained loan from the bank. Pertinently bank is not agreed by alleged act of the petitioner. 5. Taking note of these aspects of the matter, petitioner is entitled for order of grant of anticipatory bail. Directing the petitioner to appear before learned trial Judge would also facilitate the proper conducting of the criminal case. 6. Accordingly, without further discussion on the merits of the matter, following order is passed. ORDER i. The criminal petition is allowed. ii. Petitioner shall appear before the trial Court on the next date of hearing without fail. - 4 - NC: 2025:KHC-D:5774 CRL.P No. 100491 of 2025 iii. The petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the learned Trial Judge. iv. The petitioner shall not directly or indirectly tamper the prosecution evidence in any manner. v. Petitioner shall not leave the jurisdiction without prior permission. vi. Petitioner shall attend the Court regularly. Violation of any of the above conditions, would entitle the complainant to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE AC CT:PA LIST NO.: 1 SL NO.: 7