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2025 DAILYLAW 52632 (KAR)

APPAYYA S/O MOOSHAPPA NAYIK v. THE STATE OF KARNATAKA

CRL.P/102700/2025 · 2025-07-29

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102700 OF 2025 C/W. CRIMINAL PETITION NO. 102710 OF 2025 CRIMINAL PETITION NO. 102864 OF 2025 (438(CR.PC)/482(BNSS)) IN CRL.P. NO. 102700 OF 2025: BETWEEN: APPAYYA S/O MOOSHAPPA NAYIK, AGE: 33 YEARS, OCC: GOVERNMENT SERVICE, R/O: TUKKANATTI VILLAGE IN GOKAK TALUK, DISTRICT: BELAGAVI, PIN CODE-591 224. … PETITIONER (BY SRI. GURUKIRAN ASHOK HANAGANDI, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH HUBBALLI SUB URBAN POLICE STATION. … RESPONDENT (BY SMT. KIRTILATA R. PATIL. HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.6 PURSUANT TO AN FIR REGISTERED BY HUBBALLI SUB URBAN POLICE STATION CRIME NO.18/2025 FOR THE OFFENCES RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 PUNISHABLE UNDER SECTIONS 406, 417, 420, 120(A), 34 OF IPC, ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT, HUBBALLI, IN THE ENDS OF PROMOTING JUSTICE. IN CRL.P. NO. 102710 OF 2025: BETWEEN: MARUTI S/O BASAVARAJ PURLI, AGE: 39 YEARS, OCC: PRIVATE SERVICE, R/O: KONANKOPPA, TQ: HANGAL, DIST: HAVERI-581 104. … PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: STATE OF KARNATAKA, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH SUB-URBAN POLICE STATION, HUBBALLI, DIST: DHARWAD-580 009. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO ALLOW THIS PETITION OF PETITIONER/ACCUSED NO.3 FOR GRANT OF THE ANTICIPATORY BAIL IN FAVOR OF THE PETITIONER AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.18/2025 HUBBALLI SUB URBAN P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 417, 420, 120(A) R/W 34 OF IPC PENDING OF THE FILE OF THE PRL. CIVIL - 3 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 JUDGE AND JMFC, HUBLI DHARWAD CITY, IN THE INTEREST OF JUSTICE. IN CRL. P. NO. 102864 OF 2025: BETWEEN: SRI. LAXMAN S/O. UDDAPPA BHANDI, AGE: 36 YEARS, OCC: PRIVATE SERVICE, R/O: MALADINNI, TQ: GOKAK, DIST: BELAGAVI-591 233. … PETITIONER (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HUBBALLI SUB URBAN POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, BENCH AT DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.4 IN THE EVENT OF HIS ARREST IN CRIME NO.18/2025 REGISTERED BY THE HUBBALLI SUB-URBAN POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 417, 420 AND 120(A) R/W 34 OF IPC, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, HUBBALLI, IN THE INTEREST OF JUSTICE. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.3, 4 and 6 in Crime No.18/2025 registered by the Hubballi Sub-Urban Police Station, Hubballi – Dharwad District for the offences punishable under Sections 406, 417, 420, 120(A) read with Section 34 of IPC are before this Court in these three 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.18/2025 was registered by Hubballi Su-Urban Police Station, Hubballi-Dharwad District for the aforesaid offences against one Nikhita Subhash Kalal and others based on the first information dated 05.02.2025 received from Ramesh K.T., Police Inspector, attached to CID, Bengaluru. Apprehending arrest in the said case, the petitioners herein, who are arrayed as accused Nos.3, 4 and 6 in the FIR had filed the anticipatory bail applications - 5 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 before the jurisdictional Sessions Court, which were rejected. Therefore, they are before this Court. 4. Learned counsels for the petitioners submit that undisputedly, the petitioners were Teachers in the Coaching Centres and with similar allegations, FIR in Crime No.129 of 2019 was registered by Ranebennur Rural Police Station for similar offences. Based on the alleged materials colleted during the course of investigation in Crime No.129 of 2019, the present FIR has been registered against the accused persons with similar allegations. The petitioners were granted anticipatory bail in Crime No.129 of 2019 and they have cooperated with the Police for the purpose of investigation and they are ready and willing to cooperate with the Police even today in the present case. Accordingly, they pray to allow the petitions. 5. Per contra, learned HCGP who has opposed the petitions submits that similar modus operandi has been used by the accused persons in more than one place and - 6 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 therefore, the FIR has been registered against the accused persons. In the present case, the investigation of the case is under progress. Considering the nature of allegations, custodial interrogation of the accused is required. Accordingly, she prays for dismissal of the petitions. 6. In the first information, which is submitted by Ramesh K.T., Police Inspector, attached to CID, Bengaluru, he has 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 crime was also committed at Hubballi-Dharwad District by the very same accused persons. It is under these circumstances, the FIR has been registered in the present case against the accused named in the FIR for the aforesaid offences, by Hubballi Sub-Urban Police Station. 7. It is not in dispute that investigation has been completed in Crime No.129 of 2019 registered by Ranebennur Rural Police Station for similar offences, - 7 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 wherein the petitioners were also arrayed as accused. It is also not in dispute that in the said case, the petitioners were granted anticipatory bail and they had cooperated with the Police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and maximum punishment for the said offences is imprisonment for a period of seven years. The petitioners have undertaken to cooperate with the Police even in the present case. 8. It is brought to the notice of this Court that even in other districts, similar FIR’s have been registered against the accused persons on similar allegations. 9. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is to answered affirmatively subject to reserving liberty to the Investigating Officer to seek custody of the petitioners if necessary by filing necessary application - 8 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 before the jurisdictional Court of Magistrate. Accordingly, the following: ORDER (i) The criminal petitions are allowed. (ii) The petitioners are directed to appear before the Investigating Officer in the present case between 10:00 a.m. and 11:00 a.m. on 06.08.2025 and on the said date, if necessary the Investigating Officer is at liberty to take the petitioners to custody for the purpose of interrogation. However, it is made clear that on the same day on or before 6:00 p.m. the petitioners shall be released by the Investigating Officer subject to they executing personal bond for a sum of Rs.1,00,000/- each with two sureties each to the likesum to the satisfaction of the Investigating Officer. (iii) The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 9 - HC-KAR NC: 2025:KHC-D:9314 CRL.P No. 102700 of 2025 C/w. CRL.P No. 102710 of 2025 & CRL.P No. 102864 of 2025 (iv) The petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the Police for investigation and appear before them whenever called upon. (v) The petitioners shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 27