- 1 - NC: 2025:KHC-D:7207 CRL.P No. 101920 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 101920 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: HANUMANTHAPPA S/O. NARAYANAPPA AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O. WARD NO.30, NEAR HP SCHOOL, HIRE JANTHKAL, TQ: GANGAVATI, DIST: BALLARI. …PETITIONER (BY SRI. VADIRAJ P.VADAVI, ADVOCATE) AND: THE STATE OF KARNATAKA BY BALLARI CEN CRIM PS, TQ AND DIST: BALLARI, REPRESENTED BY ADDL. SPP, HIGH COURT PREMISES, DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRPC (U/SEC. 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER FOR THE CRIME REGISTERED BY THE BALLARI CEN CRIME PS ON THE FILE OF THE COURT OF 5TH ADDL. JMFC, BALLARI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 318(3) OF BNS AND UNDER SECTION 66D OF INFORMATION TECHNOLOGY ACT, 2000, IN CRIME NO.07/2025, AND CONSEQUENTLY ALLOW THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.21 10:13:02 +0530 - 2 - NC: 2025:KHC-D:7207 CRL.P No. 101920 of 2025 ORAL ORDER This petition is filed seeking anticipatory bail. 2. The petitioner apprehends his arrest pursuant to registration of Crime No.07/2025 before CEN Police Station Ballari. Pursuant to the aforementioned complaint, notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), notice is issued to the petitioner calling upon the petitioner to appear before the Police Station on 06.03.2025. Petitioner submits that on that day, he did not appear before the Police Station on account of unavoidable circumstances. 3. Learned counsel for the petitioner taking through the contents of the complaint would submit that complaint is filed against three persons namely Aisha, Sitika and Girivasant alleging that aforementioned three persons have cheated the complainant to the tune of Rs.27,82,725/- assuring 200% returns on the investment. 4. It is further submitted by learned counsel for the petitioner that the bank accounts are mentioned in the complaint alleging that the complainant has transferred - 3 - NC: 2025:KHC-D:7207 CRL.P No. 101920 of 2025 the aforementioned amount on different dates to the different bank accounts mentioned in the complaint. 5. It is his further submission that none of the bank accounts referred to in the complaint belonged to the petitioner and petitioner is totally unconcerned with the crime alleged in the complaint. 6. It is his further submission that the notice issued under Section 35(3) of the BNSS, stipulates that in case the petitioner does not appear before the Police Station on 06.03.2025, the petitioner is liable for arrest. Thus, it is his contention that there is a immediate threat of arrest and thus, he would seek anticipatory bail. He further submits that the petitioner is ready to co-operate with the investigation. 7. Learned High Court Government Pleader would oppose petition and would submits that huge amount is transferred from the account of the complainant on the basis of false assurance that there would be 200% return on the investment made and thus, he contend that the petitioner is not entitled to anticipatory bail. - 4 - NC: 2025:KHC-D:7207 CRL.P No. 101920 of 2025 8. It is his further contention that the custodial interrogation is very much required in case bail is granted, the petitioner likely to destroy the evidence and hamper the investigation process. 9. This Court has considered the contentions raised in the complaint and perused the records. 10. On perusal of the complaint, it is noticed that the petitioner is not named as accused in the complaint. It is submission of the learned counsel for the petitioner that bank accounts mentioned in the complaint do not belong to the petitioner. 11. Learned High Court Government Pleader is not in a position to confirm that the bank accounts mentioned in the complaint belong to the petitioner. It is also noticed from the contents of the complaint that the complainant states that Rs.27,82,725/- is transferred to the various bank accounts mentioned in the complaint. If at all offence is committed as alleged, then prima facie evidence is already there in the form of bank transaction. - 5 - NC: 2025:KHC-D:7207 CRL.P No. 101920 of 2025 12. It is also noticed that the notice issued under Section 35(3) of the BNSS also stipulates condition that in case petitioner does not appear before the Police Station on 06.03.2025, petitioner is liable for arrest. Again considering the contents of the complaint, this court is of the view that the custodial interrogation may not be required in this case. Under these circumstances, the following order is passed. ORDER The petition is allowed. The petitioner is granted anticipatory bail in Crime No.07/2025, registered before CEN Police Station, Ballari subject to the following conditions: i) The petitioner shall appear before the Police Station within 30 days from today and he also furnish two sureties for sum of Rs.1,00,000/- and also furnish personal bond for a sum of Rs.1,00,000/-. In case of - 6 - NC: 2025:KHC-D:7207 CRL.P No. 101920 of 2025 his arrest on such compliance, the petitioner shall be released on bail. ii) The petitioner shall co-operate with the investigation and shall appear before the Police Station as and when his presence is required. iii) The petitioner shall also appear before the Court in case charge sheet is filed against the petitioner. iv) The petitioner shall not induce or threaten the complainant or any of his witnesses. Sd/- (ANANT RAMANATH HEGDE) JUDGE AC Ct:vh List No.: 1 Sl No.: 10