- 1 - NC: 2025:KHC-D:6471 CRL.P No. 101320 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101320 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: PRABHAKAR N.C. S/O. NAGARAJAPPA HULLER, AGE: 33 YEARS, OCC. AGRICULTURE R/O. NADAVINAKERI, NEAR WATER TANK, MULAKOPPA, TQ. SORABA, DIST. SHIVAMOGGA. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA THROUGH HIREKERUR POLICE STATION, REPTD. BY ADDL. S.P.P., HIGH COURT OF KARNATAKA DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), SEEKING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CRIME NO.9/2025 OF HIREKERUR P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 108, 190, 352 R/W. 3(5) OF BNS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HIREKERUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.16 15:01:09 +0530 - 2 - NC: 2025:KHC-D:6471 CRL.P No. 101320 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Naveen Chatrad, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with following prayer: “Herein, the memo on behalf of respondent/State submits that, the objection filed in Cri. Pet.101318/25 same is allowed on 03-04-2025. The same objection may kindly be treated as objection in above petition. Hence this memo.” 3. Petitioner is shown as accused No.2 in Crime.No.09/2025 registered by Hirekerur Police Station. Petitioner is in custody from 24.02.2025. The offences alleged against accused is under Sections 108, 190 and 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). This Court has granted anticipatory bail to other accused persons after hearing the learned High Court Government Pleader for respondent-State. - 3 - NC: 2025:KHC-D:6471 CRL.P No. 101320 of 2025 4. Taking notes of the fact that the accused is in custody from 24.02.2025 and investigation is progressed to sufficient extent, continuation of the accused in judicial custody is no longer warranted. 5. The alleged fraud is to be established during the trial. Therefore, petition needs to be allowed. Further, apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 6. Accordingly, following order is passed. ORDER i. The criminal petition is allowed. ii. The Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge. iii. The petitioner shall not directly or indirectly tamper the prosecution evidence in any manner. - 4 - NC: 2025:KHC-D:6471 CRL.P No. 101320 of 2025 iv. Petitioner shall not leave the jurisdiction of Haveri District without prior permission. v. Petitioner shall attend the court regularly. vi. Petitioner shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed. vii. The petitioner shall not indulge in similar offences. Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE AC CT:PA List No.: 1 Sl No.: 7