- 1 - HC-KAR NC: 2025:KHC-D:9337 CRL.P No. 102838 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. 102838 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: 1. MOHAMMADALI S/O. MABUSAB MATAGAR, AGE: 32 YEARS, OCC: VEGETABLE BUSINESS, R/O: GOUDER ONI, TQ: NAVALAGUNDH, DIST: DHARWAD-582 208. 2. ALTAF S/O. BABUSAB IBRAHIMPUR, AGE: 32 YEARS, OCC: BUSINESS, R/O: TEGGINAKERI ONI, TQ: NAVALAGUNDH, DIST: DHARWAD-582 208. … PETITIONERS (BY SMT. SITALAXMI PURLI, ADVOCATE) AND: THE STATE OF KARNATAKA, DHARWAD SUB-URBAN P.S., R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD, PIN-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), PRAYING TO DIRECT THE INVESTIGATING OFFICER IN CHARGE OF DHARWAD SUB-URBAN POLICE STATION TO RELEASE THESE PETITIONERS ON ANTICIPATORY BAIL, IN THE EVENT OF THEIR ARREST WITH RESPECT TO CRIME NO.0089/2025 REGISTERED AGAINST THESE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTION 34, 120B, 419, 420, 471, 468 OF IPC, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9337 CRL.P No. 102838 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.4 and 5 in Crime No.89 of 2025 registered by Dharwad Sub-Urban Police Station, Hubballi- Dharwad City for the offences punishable under Sections 34, 120B, 419, 420, 471, 468 of the Indian Penal Code are before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.89 of 2025 was registered by the Dharwad Sub-Urban Police Station, Hubballi-Dharwad City for the aforesaid offences against the petitioners and others based on the first information received from Iranagouda Patil. Apprehending arrest in the said case, petitioner who are arrayed as accused Nos.4 and 5 in FIR No.89 of 2025 filed Crl.Misc.No.268/2025 and Crl.Misc.No.269/2025, which were rejected by the Jurisdictional Sessions Court on 03.07.2025. Therefore, they are before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9337 CRL.P No. 102838 of 2025 4. Perusal of the material on record would go to show that the allegation of executing fraudulent sale deed in favour of accused No.1 is as against accused No.2; accused No.3 is said to be the deed writer who had prepared the said deed in question. Petitioners herein are said to be the alleged attesting witnesses of the fraudulent sale deed dated 30.01.2024. 5. Undisputedly petitioners do not have criminal antecedents. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offence is imprisonment for a period of 7 years. Petitioners have undertaken to co-operate with the police for the purpose of investigation. 6. Considering the aforesaid aspect of the matter, I am of the opinion that the prayer made for grant of anticipatory bail is to be answered in the affirmative. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC-D:9337 CRL.P No. 102838 of 2025 ORDER i. The petition is allowed. ii. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.89/2025 registered by Dharwad Sub-Urban Police Station for the offences punishable under Sections 34, 120B, 419, 420, 471, 468 of the Indian Penal Code, subject to the following conditions: 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 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. - 5 - HC-KAR NC: 2025:KHC-D:9337 CRL.P No. 102838 of 2025 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 KGK CT:BCK LIST NO.: 1 SL NO.: 42