- 1 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 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.104649 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SHRI. SHRINATH JATTI NAIK, AGE. 45 YEARS, OCC. ADVOCATE, R/O. KUMTA TALUK, UTTAR KANNADA-581334. &PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (KUMTA POLICE STATION), REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD-580011. &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, ISSUE A DIRECTION TO THE KUMTA POLICE STATION, TO ENLARGE THE PRESENT PETITIONER, WHO IS ARRAYED AS ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST BY THE KUMTA POLICE IN THEIR P.S. CRIME NO.162/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 303, 323, R/W 3(5) OF BNS-2023 (UNDER SECTIONS 378, 424 R/W 34 OF IPC) ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, KUMTA AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned High Court Government Pleader is directed to take notice for respondent 3 State. 2. The petitioner/accused No.1 is before this Court seeking for grant of anticipatory bail in Crime No.162/2025 of respondent-police for the offences under Sections 303, 323 read with Section 3(5) of the Bharatiya Nyaya Sanhita. Brief facts of the case: 3. It is the case of the prosecution that, the complainant being an opposite party, was attending the proceedings before the Assistant Commissioner, Kumta. The petitioner being an Advocate for the counter part is stated to have stolen the wedding invitation card1 of the complainant and handed it over the one of the accused. 1 For short, ‘the document’ - 3 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 of 2025 Therefore, a complaint was lodged against the petitioner for having stolen the document. 4. Based on the complaint the respondent-police registered a case and started investigation. The investigation is under progress. 5. Heard Sri. R. H. Angadi, learned counsel for the petitioner and Sri. Praveen Y. Devaraddiyavar, learned High Court Government Pleader for respondent 3 State. 6. The submission of the learned counsel for the petitioner is that, the petitioner is working as an Advocate. The allegations made against him that he had stolen the wedding invitation card of the complainant and handed it over to the opposite party. However, the said allegations are not supported by any evidence/document. Mere making allegations against the petitioner is not sufficient to hold that, the petitioner has committed the said offence. 7. The petitioner is a reputed person in the society. The allegations are bald and baseless. Moreover the - 4 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 of 2025 offences are neither punishable with death nor imprisonment for life. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 8. Per contra, learned High Court Government Pleader for respondent 3 State vehemently submitted that, the petitioner being an Advocate had intentionally stolen the document which is beneficial to the other side and hand over the same to the opposite party by by committing the theft. The said act was recorded. Based on the said recording, a case came to be registered against the petitioner. Therefore, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 9. Having considered the submissions of the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the complainant was appearing before the Assistant - 5 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 of 2025 Commissioner, Kumta. It is alleged that, the petitioner being an Advocate representing the complainant herein is stated to have stolen the document which is beneficiary to the other side and committed an offences stated supra. However, on perusal of the facts and circumstances of the case, the alleged offences leveled against the petitioner are neither punishable with death nor imprisonment for life. Moreover, the petitioner is working as an Advocate and there is no chance of absconding from the case. Hence, it is appropriate to grant him bail by imposing suitable conditions that would take care of apprehension of the prosecution. 10. 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.162/2025 of respondent-police for - 6 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 of 2025 the offence under Sections 303, 323 read with Section 3(5) of the Bharatiya Nyaya Sanhita, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) 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. (iv) The petitioner shall co-operate with investigation till filing of the charge sheet. (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. - 7 - HC-KAR NC: 2025:KHC-D:16250 CRL.P No. 104649 of 2025 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 SMM/CT: UMD List No.: 1 Sl No.: 81