- 1 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101923 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: 1. SHRI. PRADIP S/O. PADMANATH PHADTE, AGE: 59 YEARS, OCC: RTD GOVERNMENT SERVANT, R/O. HOUSE NO.386, ADCOINA BANSTARIM, BOMA, NORTH GOA-403521. 2. SMT. PARAJAKTA W/O. PRADIP PHADTE, AGE: 53 YEARS, OCC: PRIVATE SERVICE, R/O. HOUSE NO.386, ADCOINA BANSTARIM, BOMA, NORTH GOA-403521. 3. SMT. NITI W/O. NARAYAN NAIK, AGE: 70 YEARS, OCC: PRIVATE SERVICE, R/O. HOUSE NO.177, KHIPA BHAT, NEAR MARUTI TEMPLE, AGAPUR, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 DURBHAT PONDA, PONDA, NORTH GOA-403401. …PETITIONERS (BY SRI. V. M. SHEELAVANT, ADVOCATE) AND: STATE OF KARNATAKA, REP. BY PSI, KARWAR TOWN POLICE STATION, KARWAR, BY STATE PUBLIC PROSECUTOR, …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION DIRECTING THE RESPONDENT TO ENLARGE THE PETITIONERS/ ACCUSED NO.1 TO 3 ON BAIL IN THE EVENT OF THEIR ARREST IN KARWAR TOWN POLICE STATION CRIME NO.28/2024, PENDING ON THE FILE OF THE LEARNED PRL. CIVIL. JUDGE (SNR.DVN) AND C.J.M. COURT, UTTARA KANNADA DIST. KARWAR, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 406, 420 READ WITH SECTION. 34 OF IPC IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard Sri.V.M.Sheelavant, learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 2. Petitioners/accused Nos.1 to 3 have filed this petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (for short, ‘the BNSS’) 2023, seeking anticipatory bail in Crime No.28/2024 for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code (for short, IPC’). 3. The brief facts of the prosecution case are as under: 4. On 20.02.2024, first informant-Ramdas S/o. Pandurang Naik has filed a private complaint under Section 200 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’) before the jurisdictional Court for the offences punishable under Sections 406 and 420 read with Section - 4 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 34 of the IPC, against the petitioners and another. Learned Magistrate after receipt of the private complaint, referred the matter to PSI of Karwar Town Police Station U/Sec.156(3) of Cr.P.C for investigation and report. The PSI of Karwar Town Police Station, registered the case in Crime No.28/2024 for the aforesaid offences against the petitioners/accused and others. The petitioners are arrayed as accused Nos.1 to 3. 5. It is alleged in the complaint that petitioners induced the general public in Karwar District, stating that if anyone invests their money in M/s Karma Bhoomi Infratech, Reality Limited, their money will be doubled and they will get more money, the accused persons made them to believe their words and have collected huge money from the public to the tune of Rs.1,50,00,000/- and on the maturity, the accused persons have not returned the money to the public and also have misused the maturity amount of Rs.1,90,00,000/-. Therefore, the first - 5 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 informant being one of the investor has filed a complaint against the accused persons. 6. Learned counsel for the petitioners contended that petitioner Nos.1 to 3 are investors of M/s karma Bhoomi Infratech, Reality Limited, like complainant. The complainant is also sailing along with the petitioners herein. However, the complainant without arraying the company and directors of the company, as accused persons, has filed present complaint. Further, the entire amount collected by petitioner No.1 is through customer care service centre of M/s Karma Bhoomi Infratech, Reality Limited, branch office Goa and maturity amount of all the Re-investment Plan and Systematic Investment Plan, which amount needs to be given back to the respective investors is the company account and there is no single transaction to the petitioners account. Hence, the petitioners cannot be held liable. 7. Petitioners are belonging to respectable family and they are ready and willing to abide by any conditions - 6 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 that may be imposed by this Court. They undertake to co- operate with the investigating agency till filing of the final report. On all these grounds, he prayed to allow the petition. 8. learned High Court Government Pleader for respondent-State vehemently contended that these petitioners are involved in the heinous offence and they have cheated the general public in Karwar District and collected huge amount of Rs.1,50,00,000/- from the general public and even on maturity of the amount also, they failed to disburse the same among the depositors. If petitioners are released on bail, they may threaten the complainant and would hamper the investigation as well as the trial. Thus, he prayed to reject the bail petition. 9. Perused the materials available on record. 10. As per the allegations made in the private complaint, against the petitioners, these petitioners induced the general public in Karwar District and they - 7 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 induced that if anyone invests their amount in M/s Karma Bhoomi Infratech, Reality Limited, they will get more money. Admittedly, case is arises out of the private complaint. When the matter was referred to the Police for investigation, apprehending the arrest in the hands of the Police, petitioners have filed this anticipatory bail. 11. Cheating the public out of large scams of money is a serious offence with potential long term consequence for victims. The accused person may try to destroy evidence, influence witnesses, or intimidate victims, if bail is granted. Further the accused may attempt to flee the Jurisdiction to avoid prosecution. In this case, the petitioners demonstrated that, they are also investors, as that of the complainant and the company is not made as party in the complaint. The petitioners also demonstrated their willingness to co-operate with the investigation and provide information that available with them. The alleged offences are not punishable with death or imprisonment for life. - 8 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 12. 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 3 is allowed. The petitioners/accused Nos.1 to 3 is ordered to be enlarged on anticipatory bail, in the event of their arrest by the respondent-police in Crime No.28/2024 on they 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 3 shall - 9 - HC-KAR NC: 2025:KHC-D:7589 CRL.P No. 101923 of 2025 surrender themselves before the S.H.O/I.O within a period of 15 days from today; ii) The petitioners/accused Nos.1 to 3 shall not tamper with the prosecution witnesses directly or indirectly; iii) The petitioners/accused Nos.1 to 3 shall mark their attendance before S.H.O of respondent Police on 1st Sunday of every month in between 10.00 AM and 5.00 P.M, for a period of 6 months or till filing of final report, whichever is earlier. iv) The petitioners/accused Nos.1 to 3 shall regularly appear before the trial Court. Sd/- (VENKATESH NAIK T) JUDGE AC /CT-AN List No.: 1 Sl No.: 60