- 1 - HC-KAR NC: 2025:KHC-D:8489 CRL.P No. 102251 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102251 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: RAGHAVENDRA @ RAVICHANDRA S/O. RAMANNA, AGE: 32 YEARS, OCC: FARMER, R/O. KORACHARAHATTI VILLAGE, SANDUR TQ, BALLARI DIST.-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 SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/S.482 OF BNSS), SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.4 ON ANTICIPATORY BAIL IN CRIME NO.27/2019 REGISTERED BY MARIYAMANAHALLI 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 IS 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:8489 CRL.P No. 102251 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Anwar Basha B., the learned counsel for the petitioner and Shri Abhishek Malipatil., learned High Court Government Pleader for respondent – State. 2. The petitioner-accused No.4 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 438 of Cr.P.C], praying to grant anticipatory bail in Crime No.27/2019 of respondent- Mariyamanahalli Police Station for the offences punishable under Sections 420 read with Section 34 of Indian Penal Code, 1860. 3. Brief facts of the prosecution case are that; The first informant lodged a complaint alleging that on 25.03.2019, at about 10.00 p.m., accused No.4 called him over phone through his mobile contending that he is having 10 tholas of gold ornaments and he is intending to sell the said gold ornaments for an amount of - 3 - HC-KAR NC: 2025:KHC-D:8489 CRL.P No. 102251 of 2025 Rs.2,00,000/-. He has agreed to purchase the same. Hence, accused No.4 informed him to come at Gollarahalli Cross. On 26.03.2019, at about 9.30 a.m., in the morning, he took a sum of Rs.1,75,000/- and went to N.H.50 Road, Near Gollarahalli Cross. At that time, accused No.4- petitioner and other accused persons came there on their respective motorcycles. Amongst them, accused No.4 got down from the motorcycle and requested him to give the money. After receiving the amount, all the accused persons ran away from the said spot on their respective motorcycles along with money without giving any gold ornaments to him and cheated the complainant. Hence, the first informant lodged a complaint against the accused persons, which led to registration of FIR and initiation of investigation. 4. Apprehending his arrest at the hands of respondent-police, the petitioner-accused No.4 preferred this anticipatory bail petition contending that he is innocent, he has been falsely implicated in this case and - 4 - HC-KAR NC: 2025:KHC-D:8489 CRL.P No. 102251 of 2025 he has not committed any offence. Learned counsel for the petitioner contended that as accused Nos.1 to 3 are already enlarged on bail, on the ground of parity, the petitioner is also entitled for bail. The petitioner is permanent resident of address mentioned in the cause title and he is ready to abide by the conditions to be imposed by this Court. Hence, on the ground of parity also, petitioner is entitled for bail. 5. Per contra, learned High Court Government Pleader is not disputed the fact that accused Nos.1 to 3 are on bail. 6. Perused the material available on record. 7. A perusal of the material available on record, it reveals that accused Nos.1 to 4 conspired together and cheated the first informant with an assurance that they would give gold. Accordingly, the first informant paid a sum of Rs.1,75,000/- to the accused persons. After receipt of the said amount, all the accused persons ran away from - 5 - HC-KAR NC: 2025:KHC-D:8489 CRL.P No. 102251 of 2025 the spot on their respective motorcycles along with money without giving gold ornaments to him and cheated the complainant. 8. Taking note of the fact that accused No.4 stands on the same footing as that of accused Nos.1 to 3, who have already been granted bail, it is just and necessary to allow the bail petition and to release the petitioner on bail, who is accused No.4, solely on the ground of parity. Having regard to the facts and circumstances of the case, looking into the nature of allegation made against the petitioner, gravity of offence, severity of punishment, chances of petitioner absconding or fleeing away from justice if released on bail, character and antecedents of the petitioner tampering with prosecution witnesses, the petitioner is entitled for grant of bail by imposing certain conditions. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 438 of Cr.P.C., - 6 - HC-KAR NC: 2025:KHC-D:8489 CRL.P No. 102251 of 2025 [Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023], is allowed. The petitioner-accused No.4 is ordered to be enlarged on anticipatory bail, in the event of his arrest, by the respondent-police in Crime No.27/2019 on he executing personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the S.H.O or I.O, subject to the following conditions: i) The petitioner shall not tamper or threaten the prosecution witnesses directly or indirectly; ii) The petitioner shall appear before the trial Court regularly without fail; iii) The petitioner shall not involve in similar or any other offences. Sd/- (VENKATESH NAIK T) JUDGE AM/- CT-AN List No.: 1 Sl No.: 17