- 1 - NC: 2025:KHC-D:4813 CRL.P No. 100330 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.100330 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: MAHESH G.B. @ GORAVA B.MAHESH, S/O. GORAVA BHEEMESH, AGE: 46 YEARS, OCC. BANK EMPLOYEE, R/O. BALLARI-GUNTAKAL ROAD, NEAR RAMULAMMA KATTE, GADEKAL, DIST. ANANTHAPUR. …PETITIONER (BY SRI A.M. GUNDAWADE, ADVOCATE) AND: STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH GANDHI NAGAR, POLICE STATION, BALLARI. …RESPONDENT (BY SMT.GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S. 482 OF BNSS 2023, SEEKING TO PASS AN ORDER, DIRECTING TO RELEASE THE PETITIONER/ACCUSED NO.8 ON BAIL IN THE EVENT OF HIS ARREST IN THE CASE BEARING C.C.NO.1741/2023, ARISING OUT OF P.C. NO.33/2020 AND GANDI NAGAR P.S., BALLARI, CR.32/2020, ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT, BALLARI, FOR THE ALLEGED OFFENCES U/SECTIONS 120B, 465, 467, 468, 471, 420 R/W. 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.18 11:10:43 +0530 - 2 - NC: 2025:KHC-D:4813 CRL.P No. 100330 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri A.M.Gundawade, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State 2. Petition is filed under Section 438 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) with the following prayer: “To pass an order, directing to release the Petitioner/accused No.8 on bail in the event of his arrest in the case bearing C.C.No.1741/2023, arising out of P.C.No.33/2020 and Gandi Nagar P.S., ballari, Cr.32/2020, on the file of Prl. Civil Judge (Jr.Dn.) And J.M.F.C. Court, Ballari, for the alleged offences u/sections 120B, 465, 467, 468, 471, 420 R/W. 34 of Indian Penal Code." 3. Petitioner is shown as accused No.8 in Crime No.32/2020 by Gandhinagar Police Station, Ballari. In respect of taking of loan, the rice bags were pledged as security. Bank officials after conducting the inspection and - 3 - NC: 2025:KHC-D:4813 CRL.P No. 100330 of 2025 verifying the presence of the bags, lent the loan. Thereafter, the rice bags were missing from the godown. 4. Accused initially cooperated with the investigation agency and investigation agency did not deem fit to apprehend him. However, thereafter, there was no response from the employer of the petitioner in getting back to the work. As such, petitioner had to eke out his livelihood by doing other work. At that juncture, investigation agency has filed the charge sheet against the petitioner showing him as absconding accused. 5. Attempt made by the petitioner to obtain an order grant of bail is turned down by the learned trial judge. Thereafter, petitioner is before this Court. 6. Sri.A.M.Gundawade, learned counsel for the petitioner contended that all other accused persons have been granted bail and filing of absconding charge sheet against the petitioner was not known to him. Taking note - 4 - NC: 2025:KHC-D:4813 CRL.P No. 100330 of 2025 of the same, he would request for grant of anticipatory bail. 7. Per contra, Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State would oppose the bail grounds. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, even though there is sufficient force in the arguments of the learned High Court Government Pleader in opposing the bail grounds, taking note of the fact that all other accused persons have been granted bail and present petitioner, who initially cooperated with investigation agency is alone who is yet to join the investigation and trial, this Court is of the considered opinion that directing the petitioner to join the investigation and undergo custodial interrogation for the limited period and permitting the investigation agency to file supplementary charge sheet, if any, based - 5 - NC: 2025:KHC-D:4813 CRL.P No. 100330 of 2025 upon such custodial introduction ends of justice would be met. 10. Accordingly, the following order is passed: ORDER i. The criminal petition is allowed. ii. Petitioner is directed to join the investigation by appearing before the investigating officer on 27.03.2023 at 10.00 a.m. iii. The Investigating Officer is at liberty to take the petitioner to custody and complete the custodial interrogation if any, on the same day before 6.00 p.m. iv. The petitioner shall co-operate with the Investigating Agency in all aspects of the matter including furnishing specimen hand writing, password etc., to facilitate the investigation. If any positive material is available in such custodial interrogation, - 6 - NC: 2025:KHC-D:4813 CRL.P No. 100330 of 2025 investigation officer is at liberty to file supplementary/additional charge sheet as is contemplated under Section 178(3) of Cr.P.C. v. After custodial interrogation, the petitioner be enlarged on bail, by taking a bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum. vi. Petitioner shall attend the Court regularly. vii. Petitioner shall not directly or indirectly tamper the prosecution evidence. viii. Petitioner shall not leave the jurisdiction of Bellari 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 CT:PA/LIST NO.: 1 SL NO.: 15