- 1 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY IN CRL.P. NO. 102942/2025 BETWEEN: SRINIVAS S.T S/O SWAMY S.V.T. WRONGLY SHOWN AS IN FIR AND COMPLAINT AS THIRUPATHISWAY S. SRINIVAS AGED ABOUT. 44 YEARS, OCC. BUSINESS (R.E) R/O. HEBBURU MAIN ROAD, SIRIVARA ROAD, KAMBALAPUR PO. SIRIVARA, TQ AND DIST. TUMAKUR. …PETITIONER (BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL FOR SRI. VIJAY S. CHINIWAR, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH PSI OF ANKOLA POLICE STATION, DIST. UTTAR KANNADA, KARWAR REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENCH, AT. DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, CRIMINAL PETITION NO. 102942 OF 2025 (439(Cr.PC)/483(BNSS)) C/w. CRIMINAL PETITION NO. 102741 OF 2025 (438(Cr.PC)/482(BNSS)) RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 SRI. V.M. SHEELAVANT, ADVOCATE FOR COMPLAINANT) THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C. (U/S. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN ANKOLA P.S. CRIME NO. 187/2024 REGISTERED FOR THE OFFENCES P/U/SEC. 111(4), 316(2), 316(5), 318(2), 318(4) R/W 3(5) OF BNS, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ANKOLA IN THE INTEREST OF JUSTICE. IN CRL.P. NO. 102741/2025 BETWEEN: SHRI. GURUPRASAD SUDHAKAR REVANKAR, AGE: 42 YEARS, OCC: BUSINESS, R/O: AVERSA, TQ: ANKOLA, DIST: UTTAR KANNADA- 581316. …PETITIONER (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA, THE ANKOLA POLICE KARWAR U.K, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1, SRI. V.M. SHEELAVANT, ADVOCATE FOR COMPLAINANT) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER, DIRECTING THE RESPONDENT POLICE TO RELEASE PETITIONER/ACCUSED NOS.2 ON BAIL IN THE EVENT OF HIS ARREST IN ANKOLA POLICE STATION CRIME NO. 187/2024 REGISTERED FOR THE OFFENCES P/U/SEC. 111(4), 3(5), 316(2), 316(5), 318(2), 318(4) BNS 2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.N) AND JMFC ANKOLA, UTTARA KANNADA, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, ORDERS WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused nos.2 and 3 in Crime No.187 of 2024 registered by Ankola Police Station, Karwar Sub—Division, Uttara Kannada District, for offences punishable under Section 111(4), 316(2), 316(5), 318(2), 318(4) R/w 3(5) of BNS, 2023 are before this Court in these two petitions filed under Section 482 and 483 of the BNSS, 2023 seeking anticipatory bail and regular bail, respectively. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.187 of 2024 was registered by Ankola Police Station, Uttara kannada District, for the aforesaid offences against Ajit Ganapatho Nayak and two others, based on the first information dated 30.10.2024 received from Sri Baramappa Udachappa Kuntagiri, who is the authorized signatory of a Company known as “JSW Keni Port Private Ltd.,”. Apprehending arrest in the said case, accused no.2 had filed Crl.Misc.412 of 2024 before the Jurisdictional Sessions Court, which was rejected on 28.11.2024. Thereafter, he had - 4 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 approached this Court in Crl.P.No.101185 of 2025, which was dismissed as withdrawn, with liberty to file a fresh petition, if need arises. It is under these circumstances, he is before the Court in Crl.P.No.102741 of 2025. Accused no.3 was arrested in the present case on 20.06.2025. Thereafter, he had filed Crl.Misc.230 of 2025 before the Jurisdictional Sessions Court, which was rejected on 19.07.2025. Therefore, is before this Court in Crl.P.No.102942 of 2025. 4. Learned Senior Counsel appearing for accused no.3 submits the petitioner has no criminal antecedents and the offence punishable under Section 111(4) of BNS 2023 does not get attracted against him. The allegation against petitioner, who is arrayed as accused no.3 in the FIR is that he had induced the complainant / Company to enter into an agreement with accused nos.1 and 2 and part with the money. The entire amount of Rs.14,74,06,035/- was transferred to the account of accused no.2. No amount was transferred to the account of accused no.3. Accused no.4 to 11, who were arrested in the present case have been granted statutory bail by the Jurisdictional Court of Magistrate. Accordingly, he prays to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 5. Learned counsel appearing for accused No.2 submits that the earlier petition filed by accused no.2 was dismissed as withdrawn, with liberty to file a fresh petition since the further proceedings as against him were stayed by the coordinate bench of this Court in Crl.P.No.100705 of 2025 on 14.02.2025. The Hon'ble Supreme Court has vacated the said interim order and it is under these circumstances, a fresh bail application has been filed by the petitioner before this Court. He submits that accused no.2 has no criminal antecedents and the amount of Rs.8 crores, which was in the account of accused no.2 was subsequently transferred to the account of accused nos.4 to 11, who were arrested and subsequently released on statutory bail. He submits that the petitioner is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP and learned counsel appearing for respondent no.2 the defacto complainant have seriously opposed the petitions. They submit that total amount of Rs.14,74,06,035/- was transferred to the account of accused no.2. Accused no.2 and he has registered conveyance in respect - 6 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 of land approximately measuring 10 acres and an amount of Rs.8,02,35,694/- was still available in the bank account of accused no.2. Accused no.2, who has admitted his liability, had issued a cheque for an amount of Rs.8 crores in favour of the Company, which was dishonoured for insufficient funds by the drawee bank. Therefore, it is apparent that accused no.2 had intention to cheat the Company and he has been absconding for the last about 10 months. They submit that insofar as accused no.3 is concerned, he along with the accused nos.1 and 2 had approached the Company and based on their joint representation, the Company had entered into memorandum of understanding with accused no.2 and thereafter amount of Rs.14,74,06,035/- was transferred to the account of accused no.2. Investigation of the case is still under progress. Accordingly, they pray to dismiss the petitions. 7. In the typed first information, which is submitted by the authorized representative of the company, it is alleged that accused nos.1 to 3, who are all close relatives, had contacted the representative of the company and had represented that the lands which the company was interested to purchase, would be - 7 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 procured by them. It is alleged in the first information that subsequently there were multiple meetings between accused nos.1 to 3 and the representatives of the Company and accused nos.1 to 3 allegedly induced the Company to execute a formal memorandum of understanding dated 29th September 2022 between the Company and accused No.2 and subsequently an amount of Rs.14,74,06,035/- was transferred to the account of accused No.2. It is further alleged in the first information that accused Nos.1 and 2 raised several invoices on the Company and based on the same, the aforesaid amount of Rs.14,74,06,035/- was transferred to the account of accused No.2. 8. Insofar as accused No.3 is concerned, the allegations against him is found in paragraph Nos.3 to 6, wherein it is alleged that he had induced the company to enter into memorandum of agreement with accused No.2. The further allegation of raising the invoices in the name of the company and inducing them to transfer the amount of Rs.14,74,06,035/- to the bank account of accused No.2 is found only as against accused Nos.1 and 2. The amount of Rs.14,74,06,035/- in entirety has been transferred to the bank account of accused - 8 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 No.2 and according to the Company after the registered conveyances were executed in respect of approximately 10 acres of land, still a sum of Rs.8,02,35,694/- was available in the bank account of accused No.2. Undisputedly, no amount has been transferred to the account of accused No.3, who is arrested in the present case on 21.06.2025. Accused Nos.4 to 11 who were arrested in the present case have been granted statutory bail by the jurisdictional Court of Magistrate. It is not in dispute that investigation of the case is still under progress. According to the prosecution, a portion of the amount was transferred from the bank account of accused No.2 to the bank account of accused Nos.4 to 11, who were arrested and subsequently granted statutory bail. Accused No.1 is said to be a person having criminal antecedents and therefore, the offence punishable under Section 111(4) of the BNS, 2023 has been invoked in the present case. 9. Be that as it may, insofar as accused No.3 is concerned, he is in custody from 21.06.2025 and all other accused who were arrested in the present case have been granted statutory bail in the present case. The allegation against - 9 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 accused No.3 is about inducing the company to enter into a memorandum of understanding and the entire amount of Rs.14,74,06,035/- has been transferred only to the account of accused No.2. 10. Under the circumstances, I am of the opinion that the prayer made by accused No.3 for grant of regular bail is to be answered affirmatively, while the prayer made by accused No.2 for grant of anticipatory bail is to be rejected. Accordingly, the following: ORDER (i) The Criminal Petition No.102942/2025 filed by the petitioner – accused No.3 stands allowed, and Criminal Petition Nos.102741/2025 filed by the petitioner – accused No.2 seeking anticipatory bail stands dismissed. (ii) The petitioner – accused No.3 in Criminal Petition No.102942/2025 is directed to be enlarged on bail in Crime No.187 of 2024 registered by Ankola Police Station, Karwar Sub—Division, Uttara Kannada District, for offences punishable under Section 111(4), 316(2), 316(5), 318(2), 318(4) R/w 3(5) of BNS, 2023, subject to the following conditions: - 10 - HC-KAR NC: 2025:KHC-D:10004 CRL.P No.102942 of 2025 C/w. CRL.P. NO.102741 of 2025 (a) The petitioner – accused No.3 shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (b) The petitioner – accused No.3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; (c) The petitioner – accused No.3 shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner – accused No.3 shall not involve in similar offences in future; Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS & VNP / CT: GTB List No.: 1 Sl No.: 23