- 1 - NC: 2025:KHC-D:7148 CRL.P No. 101822 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 101822 OF 2025 BETWEEN: JANGLI SAB S/O. KHADARSAB NADAF AGE: 55 YEARS, OCC: RAILWAY EMPLOYEE R/O. P.NO. 182, KRUPA NAGAR, 5TH CROSS, MANTUR ROAD, HUBBALL 580023. …PETITIONER (BY SRI. B. ANWAR BASHA, ADVOCATE) AND: THE STATE OF KARNATAKA (THROUGH ASHOK NAGAR P.S) REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT DHARWAD 580001. …RESPONDENT (BY SRI. RAMESH CHIGARI, AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (U/S. 482 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.32/2025 REGISTERED IN BENGERI PS HUBBALLI) PUNISHABLE UNDER SECTION 69 OF BNS PENDING INVESTIGATION OF THE CASE, BEFORE THE CIVIL JUDGE AND JMFC HUBBALLI DHARWAD. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.05.07 13:21:32 +0530 - 2 - NC: 2025:KHC-D:7148 CRL.P No. 101822 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned AGA accepts notice for the respondent/State. 2. The petitioner/accused has filed this petition under Section 438 of the Code of Criminal Procedure/Section 482 of Bharatiya Nagarika Suraksha Sanhita, 2023, for grant of anticipatory bail pertaining to Crime No.32/2025 of Bendigeri Police Station, Hubballi. 3. I have heard the arguments on both sides. 4. Sri. Anwar Basha, learned counsel for the petitioner has urged his arguments as per the grounds urged in the petition and sought to allow the petition. 5. Sri. Ramesh B. Chigari, learned Additional Government Advocate, would submit that, as the investigation is in progress the petitioner is required for investigation. Hence, he sought for dismissal of this petition. 6. I have perused the records. - 3 - NC: 2025:KHC-D:7148 CRL.P No. 101822 of 2025 7. On the basis of the complaint filed by one Fatima Nabeesab Nadaf, Bendigeri Police have registered a case in Crime No.32/2025 against the petitioner/accused for the commission of the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023. Column No.10 of the FIR reads as under: “EzÀgÀ°èAiÀÄ £ÀªÀÄÆzÀÄ DgÉÆævÀ£ÁzÀ dAVè¸Á§ @ ªÀÄÄ£Áß PÉ £ÀzÁ¥sÀ ªÀAiÀiÁ:52 ªÀµÀð GzÉÆåÃUÀ: ¸ËxÀ ªÉ¸ÀÖ£Àð gÉïÉéà ºÀħâ½î «¨sÁUÀzÀ°è JªÀiï.n. qÉæöʪÀgï UÉæÃqï-2 ¸Á: 05£Éà PÁæ¸ï ªÀÄAlÆgÀ gÉÆÃqï PÀÈ¥Á £ÀUÀgÀ ªÀÄAlÆgÀ gÀ¸ÉÛ ºÀħâ½î EvÀ£ÀÄ £ÀªÀÄÆzÀÄ zÀÆgÀÄzÁgÀ ªÀ £ÉÆAzÀ ªÀÄ»Ã¯É ²æêÀÄw ¥ÁwêÀiÁ £À©Ã¸Á§ £ÀzÁ¥sÀ ªÀAiÀiÁ:35 ªÀµÀð GzÉÆåÃUÀ: PÀÆ° PÉ®¸À ¸Á: zÉøÁ¬Ä ¥Áèmï, CªÀÄgÀUÉÆüÀ ºÀħâ½î EªÀjUÉ ¢£ÁAPÀ:11-10-2024 gÀAzÀÄ ªÀÄzÁåºÀß 1-30 UÀAmÉAiÀÄ ¸ÀĪÀiÁjUÉ ¥ÉÆãÀ ªÀiÁr ºÀħâ½î ªÀÄAlÆgÀ gÉÆÃqï 05£Éà PÁæ¸ï PÀÈ¥Á £ÀUÀgÀzÀ°ègÀĪÀ vÀ£Àß ªÁ¸ÀzÀ ªÀÄ£ÉUÉ PÀgɬĹPÉÆAqÀÄ ¦AiÀiÁð¢UÉ ªÀÄzÀĪÉAiÀiÁUÀÄvÉÛÃ£É CAvÁ ¥ÀĸÀ¯Á¬Ä¹, £ÀA©¹, «±Áé¸À §gÀĪÀAvÉ ªÀiÁr, MvÁÛAiÀÄ¥ÀƪÀðPÀªÁV ¦AiÀiÁð¢AiÉÆA¢UÉ zÉÊ»PÀ ¸ÀA¥ÀPÀð ¨É¼É¹ CvÁåZÁgÀªÉ¸ÀV, E°èAiÀĪÀgÉUÀÆ ªÀÄzÀÄªÉ ªÀiÁrPÉƼÀîzÉà d£ÉêÀj 02£Éà vÁjÃRÄ 2025 gÀAzÀÄ ¨ÉÃgÉ ªÀÄzÀĪÉAiÀiÁV ¦AiÀiÁð¢zÁgÀjUÉ £ÀA©PÉ zÉÆæúÀ ªÉÆøÀ ªÀiÁrzÀ C¥ÀgÁzsÀ.” 8. It is seen from the FIR that, the alleged commission of offence took place on 11.10.2024 and the complaint came to be filed on 11.03.2025 i.e., after a lapse of 5 months from the date of commission of offence, the complainant has filed the complaint. There is a delay of 5 months in filing the complaint and the Investigating Officer has not mentioned the reasons for the delay in - 4 - NC: 2025:KHC-D:7148 CRL.P No. 101822 of 2025 filing the complaint though sub-clause(c) of Column No.3 in the FIR specifies the same. 9. It is settled position of law that, while considering the bail petition, the Court has to keep in mind the nature of accusations, nature of evidence in support thereof, severity of the punishment which conviction will entail, the character, behaviour, means and standing of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of witness being tampered with, the larger interest of the public or state and similar other considerations. Though a case was registered on 11.03.2025, the Investigating Officer has not taken any steps to arrest the petitioner/accused till this day for the reasons best known to him. 10. Investigation is in progress. The petitioner/accused is aged 55 years and is a Railway employee residing at Hubballi. Taking into consideration the nature and gravity of the offence, delay in filing the - 5 - NC: 2025:KHC-D:7148 CRL.P No. 101822 of 2025 complaint and previous antecedents of the accused and that the offence alleged against the petitioner is not punishable with death or imprisonment for life, I am of the opinion that it is just and proper to allow the petition subject to conditions. 11. Accordingly, I proceed to pass the following: ORDER Criminal Petition is allowed. The petitioner/accused shall be released on bail in the event of his arrest in Crime No.32/2025 of Bendigeri Police Station, Hubballi Town Police Station subject to following conditions: (i) The petitioner/accused shall execute a self-bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer. (ii) The petitioner/accused shall assist the Investigating Officer in the investigation. - 6 - NC: 2025:KHC-D:7148 CRL.P No. 101822 of 2025 (iii) The petitioner/accused shall make himself available for interrogation by the Police Officer as and when required. (iv) The petitioner/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer. (v) The petitioner/accused shall not leave the jurisdiction of Hubballi, Dharwad district, without prior permission from the jurisdictional Magistrate. (vi) The petitioner/accused shall not tamper the prosecution evidence or threaten the prosecution witnesses in any manner. (vii) The petitioner/accused shall not commit similar offences. Sd/- (G BASAVARAJA) JUDGE kmv Ct-cmu