- 1 - HC-KAR NC: 2025:KHC-D:7499 CRL.P No. 101960 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101960 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. MAMATA W/O. ARUNKUMAR, AGE: 32 YEARS, OCC: HOUSEHOLD, R/O. MYSORE, TQ & DIST. MYSORE-570001. 2. ARUNKUMAR S/O. RAMEGOUDA, AGE: 40 YEARS, OCC: COOLIE, R/O. Y. H. GOPALROAD, PANDARPURA, TQ. KYATNALLI, MANDYA DISTRICT-571427. 3. GEETA W/O. CHANDRAPPA, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. 2ND CROSS, HOSANAGAR ROAD, AYANUR, SHIVAMOGGA-577211. 4. CHANDRAPPA S/O. PUTTAPPA AGE: 60 YEARS, OCC: FOOTPATH BUSINESS, R/O. 2ND CROSS, HOSANAGAR ROAD, AYANUR, SHIVAMOGGA-577211. …PETITIONERS (BY SRI. MATHAPATI PRASHANT KEMPAYYA, ADVOCATE) AND: THE STATE OF KARNATAKA, THOUGH HALAGERI, P. S. KUMARAPATNAM CIRCLE, NOW REPRESENTED BY SPP HIGH COURT OF KARNATAKA DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/S.482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS NO.1 TO 4/ACCUSED NO. 1 TO 4 IN HALAGERI P.S. CRIME NO.40/2025 PENDING ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND JMFC COURT, RANEBENNUR, FOR OFFENCES PUNISHABLE U/S.318(4) OF BNS 2023, IN THE INTEREST OF JUSTICE. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7499 CRL.P No. 101960 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent - State. 2. This petition is filed by accused Nos.1 to 4 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘the BNSS’) (438 of the Cr.P.C.) praying to enlarge them on bail in Crime No.40/2025 of Halageri Police Station registered for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 3. The brief facts of the prosecution case is as under: Petitioners/accused Nos.1 to 4 came in contact with first informant and offered him to purchase a vehicle in his name. Accordingly, they received a sum of Rs.28,79,435/- on different dates through cash and through online - 3 - HC-KAR NC: 2025:KHC-D:7499 CRL.P No. 101960 of 2025 payment and they cheated the first informant without purchasing any vehicle in name of first informant. Thereby, the first informant lodged complaint. Hence, respondent-Police registered the complaint. Investigating Officer has investigated the matter. Apprehending the arrest at the hands of respondent-Police, the petitioners/accused Nos.1 to 4 filed this anticipatory bail application. 4. Learned counsel for the petitioners contended that petitioners are innocent and they have not committed any offences as alleged by the prosecution and they have been falsely implicated in this case. There are no prima facie materials against the petitioners. There is a case and counter case between the parties. The complaint lodged by the accused persons, is not registered with the investigating agency and on the contrary, they have issued an endorsement. Petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail. - 4 - HC-KAR NC: 2025:KHC-D:7499 CRL.P No. 101960 of 2025 5. Learned HCGP for respondent No.1-State contended that there is prima facie material against the petitioners and a huge amount of Rs.28,79,435/- have been misappropriated by the accused persons without purchasing any vehicle in the name of complainant. If they are released on bail, they may threaten the prosecution witnesses and would hamper the investigation as well as the trial. Thus, considering the nature and gravity of the offence, the petitioners are not entitled for bail. Hence, he prayed to reject the bail petition. 6. Perused the material available on record, it appears that on different dates, the first informant paid a sum of Rs.28,79,435/- for purchase of Lorry in the name of complainant. But, accused persons failed to purchase the same. It appears that there is transactions between the complainant and the accused persons. The complaint lodged by the first informant was registered on 25.02.2025 and there is delay in filing the complaint. Further, there is a case and counter case between the parties. - 5 - HC-KAR NC: 2025:KHC-D:7499 CRL.P No. 101960 of 2025 7. Admittedly, Police have not registered the complaint lodged by accused No.1. Further, alleged offences are not punishable with death or imprisonment for life. 8. Having regard to the facts and circumstances of the case and looking into the nature of allegation made against the petitioners, gravity of offence, severity of punishment, chances of petitioners absconding or fleeing away from justice if released on bail, character and antecedents of the petitioners, tempering of the prosecution witnesses, petitioners are entitled for grant of bail. Accordingly, this Court proceeds to pass the following: ORDER The petition filed by petitioners/accused Nos.1 to 4 is allowed. The petitioners/accused Nos.1 to 4 is ordered to be enlarged on anticipatory bail, in the event of their arrest by the respondent-police in Crime No.40/2025 on they - 6 - HC-KAR NC: 2025:KHC-D:7499 CRL.P No. 101960 of 2025 executing a personal bond for a sum of Rs.2,00,000/- each 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 petitioners/accused Nos.1 to 4 shall surrender themselves before the S.H.O/I.O within a period of 15 days from today; ii) The petitioners/accused Nos.1 to 4 shall not tamper with the prosecution witnesses directly or indirectly; iii) The petitioners/accused Nos.1 to 4 shall cooperate with investigating agency till conclusion of the investigation. iv) The petitioners/accused Nos.1 to 4 shall be regular in attendance before the trial Court. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 24 w