- 1 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101500 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: RAVICHANDRA S/O. RAMANNA, AGE: 32 YEARS, OCC: FARMER, R/O. KORACHARAHATTI VILLAGE, TQ. SANDUR, DIST. BALLARI-583112. …PETITIONER (BY SRI. ANWAR BASHA B, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH MARIYAMANAHALLI POLICE STATION), REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580001. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (482 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 ON ANTICIPATORY BAIL IN CRIME NO.28/2020 REGISTERED BY MARIYAMMANAHALLI P.S. FOR THE OFFENCES PUNISHABLE U/S.420 R/W. 34 OF IPC, PENDING TRIAL OF THE SAID CASE BEFORE PRL.CIVIL JUDGE AND JMFC COURT, HOSAPETE, VIJAYANAGAR DISTRICT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.Anwar Basha B., learned counsel for the petitioner and Smt.Kirthilata Patil, learned HCGP for respondent-State. 2. The petitioner-accused No.2 has filed this petition under Section 438 of Cr.P.C.(482 of BNSS-2023) seeking anticipatory bail in Crl. Misc.No.5526/2024 (Crime No.28/2020 of Mariyammanahalli Police Station) pending on the file of III Addl. District and Sessions Judge, Ballari, sitting at Hosapet for the offence punishable under Section 420 r/w 34 of IPC. 3. The brief facts of the prosecution case are as under: On 10.03.2020 at 1.45 p.m. accused Nos.1 to 4 were standing near Durga Petrol Bunk, NH-50 near M.M.Halli village, Hosapet taluk and offered CWs.1 and 6 to - 3 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 purchase fake gold coins and made believe CW1 and 6 as if they are gold coins and thereby received sum of Rs.6,70,000/- from CWs.1 and 6, wherein, they incurred personal expenditure of Rs.45,000/-. Accused No.1 has received his share amount of Rs.4,75,000/-, accused Nos.2 to 4 have received their share in a sum of Rs.1,50,000/- out of Rs.6,70,000/-. Hence, the first informant lodged the complaint which leads to registration of FIR and investigation. During the course of investigation, accused No.1 was arrested and sum of Rs.4,70,000/- was recovered from the him. 4. Learned counsel for the petitioner/accused vehemently contended that the petitioner has been falsely implicated in the case. The entire contents of FIR, complaint and charge sheet do not make out alleged offence and there is no prima facie case against this petitioner. The name of the petitioner is not found place in the FIR. During the course of investigation, accused Nos.1 to 4 were arrested and subsequently, released on bail. - 4 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 Hence, on all these grounds he prays to grant the anticipatory bail. 5. Learned HCGP vehemently contended that there are sufficient materials collected by the investigating officer to show the involvement of the present petitioner in the incident. The present petitioner being accused No.2 is involved in this case. Hence, prayed for rejection of the petition. 6. On perusal of the material available on record, it appears that the investigation is completed and investigating officer has filed charge sheet. The order sheet maintained by the trial Court clearly discloses that after receipt of charge sheet at the first instance, the trial Court had issued summons to accused Nos.1 to 4 and on subsequent hearing dates, the trial Court without assigning any reasons, issued non-bailable warrant against the accused persons. The records further reveals that - 5 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 accused Nos.1 to 4 are already enlarged on bail by the trial court itself. 7. On perusal of the material available on record, petitioner being accused No.2 has also involved in an offence punishable under Section 420 of IPC i.e. cheating. The alleged offences are not punishable with death or imprisonment for life and the fact that the petitioner is not a habitual offender. 8. It is a well-established principle of law that, while considering a bail application, the Court must take into account the nature of the offence, the circumstances in which it was committed, the position and status of the petitioner, the likelihood of his fleeing from justice, the possibility of tampering with witnesses, and the character and antecedents of the accused. Therefore, it is just and necessary to allow the petition. Accordingly, I proceed to pass the following order: - 6 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 ORDER The criminal petition is hereby allowed. The petitioner is ordered to be enlarged on bail in the event of his arrest by the respondent – Police on he executing a personal bond for a sum of Rs.1,00,000/- with a surety for the like sum to the satisfaction of the Investigating Officer/SHO subject to following conditions: i. The petitioner shall surrender before the Investigating Officer/SHO of respondent-Police within a period of 15 days from today. ii. The petitioner shall mark his attendance before respondent-Police on the first Sunday of every month in between 10:00 a.m. and 05:00 p.m. for a period of six months or until the filing of the final report, whichever is earlier. iii. The petitioner shall not tamper with the prosecution witnesses. - 7 - HC-KAR NC: 2025:KHC-D:7681 CRL.P No. 101500 of 2025 iv. The petitioner shall not involve in similar offences. Violation of any of the above conditions, shall entitle the prosecution to seek for cancellation of bail. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 26