- 1 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 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.104336 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SHRI. SHASHIKANT S/O. KAREPPA JONGANAVAR, AGE. 44 YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587119. 2. SHRI. GOPAL S/O. MALLAPPA BADIGER, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587119. &PETITIONERS (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, PIN-580011, JAMAKHANDI TOWN POLICE STATION. &RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONERS/ACCUSED NO.1 AND 3 ON ANTICIPATORY BAIL IN JAMAKHANDI TOWN P.S. CRI.NO.0096/2025, 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 OF THE BNS 2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are before this Court seeking for grant of anticipatory bail in Crime No.96/2025 of respondent/Police for the offence under Sections 318(4), 336(2), 336(3) and 340 of the Bharatiya Nyaya Sanhita, 20231. Brief facts of the case; 2. The case of the prosecution is that, a case came to be registered by the Chief Executive Officer of Primary Agriculture Co-operative Society, Madarkhandi. When the Secretary called one of the borrowers namely Shashikant Kareppa Jonganavar to repay the loan amount, the said person came and paid the amount. However, on verification of the documents, the complainant had learnt that, the petitioners have borrowed a loan of Rs.2,80,000/- on 29.07.2024 without repaying the said amount, he created 1 For short ‘BNS, 2023’ - 3 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 of 2025 and fabricated the paid receipt and on 31.07.2024 got the charge reduced by producing the same before the Sub- Registrar. 3. It is further learnt that, the said document stated to be created at the instance of other accused. Hence, the complaint came to be registered. Based on the complaint, the respondent/Police have registered a case in Crime No.96/2025 and conducting the investigation. 4. Heard Sri.A.R.Patil, learned counsel for the petitioners and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 5. The submission of the learned counsel for the petitioners is that, petitioners are arrayed as accused Nos.1 and 3. The petitioners are innocent of the alleged offences. In fact, they were not aware about the forged documents. Moreover, the alleged offences are neither punishable with death nor imprisonment for life is the contention. - 4 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 of 2025 6. It is further submitted that, the petitioners are the permanent residents of Madarakhandi of Jamakhandi Taluk and they are the agriculturists and they will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, learned counsel for the petitioners prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the petitioner No.1 being arrayed as accused No.1 had availed agricultural loan for a sum of Rs.2,80,000/- on 29.07.2024. However, he created and forged document stating that, he had repaid the part of the amount and submitted the said document before the Sub-Registrar and got the charge reduced. Hence, it is not appropriate to grant bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the - 5 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 of 2025 complaint, the petitioners are arrayed as accused Nos.1 and 3. It is stated that, the accused No.1 had borrowed an amount of Rs.2,80,000/- without repaying the said loan amount, it is stated that, he had created forged document and produced the same before the Sub-Registrar and got the charge reduced. Accused No.3 who is the petitioner No.2 had affixed his signature as a witness to the document of which, it is alleged that it was forged and created. 9. Be that as it may, it is stated in the complaint that the balance amount has been repaid by the petitioner. Having considered the facts and circumstances of the case, it appropriate to grant him bail by imposing suitable conditions. 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 of 2025 (ii) The petitioners are ordered to be enlarged on bail in the event of his arrest in Crime No.96/2025 of respondent/Police on executing personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioners shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (b) The petitioners shall co-operate with investigation till filing of the charge-sheet. (c) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. - 7 - HC-KAR NC: 2025:KHC-D:16187 CRL.P No. 104336 of 2025 (d) The petitioners shall appear before the Trial Court on all hearing dates without fail. (e) The petitioners shall not commit any criminal cases till disposal of the case. In case, if the petitioners 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.: 22