- 1 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103128 OF 2025 (438(Cr.PC)/482(BNSS)) C/w. CRIMINAL PETITION NO. 103129 OF 2025 (438(Cr.PC)/482(BNSS)) IN CRL.P. NO.103128/2025: BETWEEN: ASHOK S/O. BASAVARAJ BANDIVADDAR, AGE 27 YEARS, OCC: GOVERNMENT SERVANT, R/O: #495, MUDALAGI TOWN IN MUDALAGI TALUK, BELAGAVI DISTRICT, PIN CODE-591312. … PETITIONER (BY SRI. GURUKIRAN A.HANAGANDHI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH THROUGH HUBALLI SUB URBAN POLICE STATION. PIN CODE-580011. … RESPONDENT (BY SMT. KIRTILATA R.PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 PURSUANT TO AN FIR REGISTERED BY HUBBALI SUB URBAN POLICE STATION CRIME NO.18/2025 FOR THE OFFENCES PUNISHABLE U/S 406, 417, 420, 120(A), 34 OF IPC, ON THE FILE OF PRL.CIVIL JUDGE AND JMFC COURT HUBBALLI. IN CRL.P. NO.103129/2025: BETWEEN: NIKITA D/O. SUBHAS KALAL, AGE 28 YEARS, OCC: HOUSEHOLD WORK, R/O: AMBI GALLI, MAHALINGPUR, RURAL IN MUDHOL TALUK IN BAGALKOT DISTRICT … PETITIONER (BY SRI. GURUKIRAN A.HANAGANDHI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH THROUGH HUBALLI SUB URBAN POLICE STATION. PIN CODE-580011. … RESPONDENT (BY SMT. KIRTILATA R.PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 PURSUANT TO AN FIR REGISTERED BY HUBBALI SUB URBAN POLICE STATION CRIME NO.18/2025 FOR THE OFFENCES PUNISHABLE U/S 406, 417, 420, 120(A), 34 OF IPC, ON THE FILE OF PRL.CIVIL JUDGE AND JMFC COURT HUBBALLI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.18 of 2025 registered by Hubballi Sub Urban Police Station, Hubli North Sub-Division, Hubballi Dharwad District, for the offences punishable under Section 406, 417, 420, 120(A) read with Section 34 of IPC, are before this Court in these two Criminal Petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.18 of 2025 was registered by registered by Hubballi Sub Urban Police Station, Hubli North Sub-Division, Hubballi Dharwad District, for the aforesaid offences against Nikita Subhash Kalal and others based on the first information dated 05.02.2025 received from Ramesh K.T. Police Officer attached to CID, Bengaluru. Apprehending arrest in the cases, the - 4 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 petitioners who are arraigned as accused Nos.1 and 2 in the FIR had filed anticipatory bail applications before the Jurisdictional Sessions Court, which were rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that as against accused Nos.2 to 6 FIR in Crime No.129 of 2019 was registered by Ranebennur Rural Police Station for the similar offences. In the said case, they were granted anticipatory bail and they have cooperated with the Police for the purpose of investigation and the Police have filed charge sheet in the said case, wherein some of the accused have been dropped. So, for as accused No.1 is concerned, she is a lady, aged about 28 years, having no criminal antecedents and she is ready and willing to cooperate with the Police for the purpose of investigation. Accused Nos.3 to 6 have been granted anticipatory bail in the present case in Criminal Petition No.102700/2025, disposed of on 29.07.2025 - 5 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 5. Learned HCGP, who has opposed the petition does not dispute the submission made by the learned counsel appearing for the petitioners. 6. In the first information, which is submitted by Ramesh K.T. Police Officer, attached to CID, Bengaluru, it is stated that during the course of investigation of Crime No.129 of 2019 registered by Ranebennur Rural Police Station for similar offences, it was found that similar offence was committed even at Hubballi Dharwad District by the accused Nos.2 to 6 and accused No.1 is said to be the candidate, who had appeared to the examination in the month of June-2019. It is under these circumstances, FIR in Crime No.18/2025 was registered against the accused after a period of nearly six years from the alleged date of incident. 7. Accused Nos.3 to 6 have been granted anticipatory bail by this Court in Criminal Petition No.102700 of 2025 and connected petitions on - 6 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 29.07.2025. It appears that similar FIRs have been registered in many other Districts with similar allegations, which is the outcome of investigation made in Crime No.129 of 2019. The petitioners herein have undertaken to cooperate with the Police for the purpose of investigation. 8. Under the circumstances, I am of the opinion that the prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petitions are allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners / accused Nos.1 and 2 in the event of their arrest in Crime No.18 of 2025 registered by Hubballi Sub Urban Police Station, Hubli North Sub-Division, Hubballi Dharwad District, for the offences punishable under Section 406, 417, 420, 120(A) read with Section 34 of IPC, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:10704 CRL.P No. 103128 of 2025 C/W CRL.P No. 103129 of 2025 (i). The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the investigating officer. (ii) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) The petitioners shall not tamper with the prosecution witness and they shall co- operate with the Police for investigation and appear before them whenever called upon. (iv) The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK List No.: 1 Sl No.: 22