- 1 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104337 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHRI. MALLAPPA S/O. SIDDALINGAPPA JONGANAVAR, AGE. 55 YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT, PIN-587119. &PETITIONER (BY SRI. A.R. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI JAMAKHANDI, HIGH COURT OF KARNATAKA, DHARWAD, R/BY ADDL. STATE PUBLIC PROSECUTOR, 580011, JAMAKHANDI TOWN POLICE STATION. &RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONER/A1 ON ANTICIPATORY BAIL IN JAMAKHANDI TOWN P.S. CRI NO.0095/2025, ON THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND CJM JAMAKHANDI DIST. BAGALKOTE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 318(4), 336(2), 336(3), AND 340(2) OF BNS IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDERS WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.95/2025 of respondent/Police for the offence under Sections 318(4), 336(2), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that, a complaint came to be registered by the complainant who is working as a Chief Executive Officer of Primary Agriculture Co-operative Society situated at Madarakhandi. In order to collect the amount from the borrowers, he had instructed the borrowers and asked the borrowers to pay the arrears. 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 During the said process, the petitioner had approached the Bank and paid the amount. 3. The complainant having suspected the manner in which the charge created had been reduced, verified the documents and he came to know that, on 01.08.2024 the petitioner being a borrower of agriculture had borrowed a loan of Rs.5,50,000/-. However, on 05.08.2024, he has created a false 8No Objection Certificate9 at the instance of other accused and submitted the same to the Sub-Register Office and got the charge reduced. 4. It is further stated that, the petitioner had created the said documents by forging the seal and signature of the Bank. Therefore, he lodges a complaint against the petitioner and others. The respondent/Police have registered a case in Crime No.95/2025 and conducting the investigation. The investigation is under progress. - 4 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 5. Heard Sri.A.R.Patil, learned counsel for the petitioner and Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent/State. 6. The submission of the learned counsel for the petitioner is that, petitioner is arrayed as accused No.1. The petitioner is innocent of alleged offences. In fact, he was not aware about the said documents. Moreover, the alleged offences are neither punishable with death nor imprisonment for life. 7. It is further submitted that, the petitioner is the permanent resident of Madarakhandi of Jamakhandi Taluk and he is an agriculturist and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, on 01.08.2024 the petitioner being an agriculturist had availed - 5 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 loan of Rs.5,50,000/-. However, on 05.08.2024 without having repaid the said loan, the petitioner got reduced the charge over the property by producing fabricated documents. Therefore, it is not appropriate to grant bail as the petitioner had committed fraud against the Bank. Making such submissions, learned High Court Government Pleader prays to reject the petition. 9. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, the petitioner is arrayed as accused No.1. It is stated that, on 01.08.2024 he had borrowed a loan of Rs.5,50,000/- from the complainant/Bank. It is stated that, the said loan was sanctioned for agricultural purpose. It is alleged that, though, loan was not repaid, the petitioner had produced forged documents at the instance of other accused before the Sub-Registrar and got the charge reduced. Hence, a complaint came to be registered against the petitioner and others. - 6 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 10. Having gone through the averments of the complaint and the gravity of the offence, it is appropriate to grant bail by imposing suitable conditions that would take care the apprehension of the prosecution. 11. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.95/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. - 7 - HC-KAR NC: 2025:KHC-D:16188 CRL.P No. 104337 of 2025 (b) The petitioner shall co-operate with investigation till filing of the charge-sheet. (c) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (d) The petitioner shall appear before the Trial Court on all hearing dates without fail. (e) The petitioner shall not commit any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 23