- 1 - NC: 2025:KHC-D:5954 CRL.P No. 101321 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101321 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: RAJAPPA @ NAGARAJAPPA S/O. NANJAPPA HULLER, AGE. 61 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. SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011. …RESPONDENT (BY SMT. GIRIJA S.HIREMATH, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO ALLOW THIS CRIMINAL PETITION AND RELEASE THE PETITIONER/ACCUSED NO.1, ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE HIREKERUR P.S. IN CRIME NO.9/2025 FOR THE OFFENCE PUNISHABLE U/S 108, 190, 352 R/W 3(5) OF BNS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.04.04 12:22:52 +0530 - 2 - NC: 2025:KHC-D:5954 CRL.P No. 101321 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 is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) with the following prayer: “To allow this criminal petition and release the petitioner/accused No.1, anticipatory bail in the event of their arrest by the Hirekerur P.S. in Crime No.9/2025 for the offence punishable under Sections 108, 190, 352 R/W. 3(5) of BNS, in the interest of justice and equity.” 3. Facts in brief which are necessary for the disposal of the petition are as under: Smt.Sunanda W/o Nulesh Muttagi, lodged a complaint with a Hirekerur Police Station contending that her husband has brought one pair of oxen about ten years earlier and the same was given to the custody of Rajappa - 3 - NC: 2025:KHC-D:5954 CRL.P No. 101321 of 2025 and Prabhakar for the purpose of the festival where the oxen was required to be part of the festival. After the race and a festival was over, they asked the oxen to be returned; at that juncture said Rajappa and Prabhakar wanted to purchase the same and the deal was finalized and agreed amount was not paid and therefore, they have cheated the complainant is the gist of the complaint averments. 4. Based on the said complaint, the Hirekerur Police registered a case in Crime No.9/2025 on 19.01.2025 for the offences punishable under Sections 108, 190 and 352 of the Bharatiya Nyaya Sanhita (for short, ‘the BNS’). 5. Petitioner is absconding and therefore, petitioner having known about the lodging the complaint, sought for grant of anticipatory bail, which was rejected by learned District Judge. Thereafter, petitioner is before this Court. - 4 - NC: 2025:KHC-D:5954 CRL.P No. 101321 of 2025 6. Learned District Judge by considered order dated 13.02.2025 rejected the said anticipatory bail request. Thereafter, petitioner is before this Court. 7. Sri.Naveen Chatrad, learned counsel for the petitioner reiterating the bail grounds, contended that petitioner has already paid the amount and there is sufficient proof for the same and therefore, they may be enlarged on bail. 8. Per contra, learned High Court Government Pleader opposes the bail grounds. 9. Having heard the arguments both sides, this Court is of the considered opinion that directing the petitioner to join the investigation and undergo limited period of custodial interrogation, where the proof of payment can be furnished to the investigation officer, would meet the ends of justice. 10. Accordingly, following order is passed. - 5 - NC: 2025:KHC-D:5954 CRL.P No. 101321 of 2025 ORDER i. The criminal petition is allowed. ii. Petitioner is directed to join the investigation by appearing before the Investigation Officer on 17.04.2025 at 9.00 a.m. positively. iii. The Investigating Officer is at liberty to take the petitioner to custody and complete the custodial investigation if any, on the same day before 5.00 p.m. Thereafter, petitioner is entitled be enlarged on bail, by taking a bond in a sum of Rs.50,000/- with one surety for the likesum. iv. The petitioner shall co-operate with the Investigating Agency in all aspects of the matter. v. Petitioner shall attend the Court regularly. vi. Petitioner shall mark their attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed. vii. Petitioner shall not directly or indirectly tamper the prosecution evidence or hamper the investigation process in any manner. - 6 - NC: 2025:KHC-D:5954 CRL.P No. 101321 of 2025 viii. Petitioner shall not leave the jurisdiction of Haveri District without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Ordered accordingly. SD/- (V.SRISHANANDA) JUDGE AC List No.: 1 Sl No.: 26