- 1 - NC: 2025:KHC-D:7181 CRL.P No. 101364 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101364 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: SHARAD S/O. BALKRISHNA SARVE, AGE: 36 YEARS, OCC: BUSINESS, R/O: VITHA SANGLI, DIST: MAHARASHTRA, NOW RESIDING AT KESHWAPUR, HUBBALLI, DIST: DAHRWAD. …PETITIONER (BY SRI M.M. CHOUDHARI, ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS HUBBALLI TOWN P.S. THROUGH PUBLIC PROSECUTOR, DHARWAD – 580 001, HIGH COURT BENCH. …RESPONDENT (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), SEEKING TO GRANT A REGULAR BAIL IN THIS CASE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 316(2) AND 318(4) OF BHARATIYA NYAYA SANHITA IN THEIR HUBBALLI TOWN P.S. CRIME NO.126/2024, PENDING ON THE FILE OF JMFC 1ST COURT, HUBBALLI, HUBBALLI-DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:7181 CRL.P No. 101364 of 2025 ORAL ORDER 1. The petitioner-accused is before this Court seeking for the regular bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS, 2023’ for short) in connection with Crime.No.126/2024 for the offences punishable under Sections 316(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023 (‘BNS, 2023” for short), registered in Hubballi Town, Police station. 2. The case of the prosecution is that the complainant is engaged in a gold business with valid license and GST registration number. It is alleged that accused (petitioner herein) is also involved in the gold trade and has maintained a business relationship with the complainant and his father for over 15 years, primarily based on credit based transactions of buying and selling gold. Owing to the longstanding business ties, the accused and the complainant allegedly developed mutual trust and close intimacy. On 01.11.2024, the accused is said to have approached the complainant and takes 1 Kg 610 grams and 200 milligrams of gold plate with assurance to repay for the same by 03.11.2024. However, according to the complainant, the accused failed to make payment as promised. - 3 - NC: 2025:KHC-D:7181 CRL.P No. 101364 of 2025 Repeated attempts to contact the accused allegedly went unanswered, leading the complainant to lodge complaint. Accordingly, an FIR bearing Crime No.126/2024 was registered under Sections 316(2) and 318(4) of BNS, 2023 pertaining to criminal breach of trust and cheating. 3. Heard learned counsel for the petitioner and learned HCGP for the State. 4. Perusal of the complaint and FIR indicate that the complainant and the accused had 15 years of business ties. This suggests to be civil /commercial disputes rather than clear cut criminal intent from the start. The accused took gold on 01.11.2024 and expected to repay the same by 03.11.2024. A delay in payment is a breach of contract, giving civil flavour and not purely criminal. In view of the circumstances, this Court opines to grant bail with suitable conditions and thus, the following: ORDER i. The petition is allowed. - 4 - NC: 2025:KHC-D:7181 CRL.P No. 101364 of 2025 a. The petitioner-accused shall furnish personal bond of Rs.50,000/- with two sureties of likesum to the satisfaction of the trial Court. b. The petitioner-accused shall not directly or indirectly influence the prosecution witnesses. c. The petitioner-accused shall not leave the jurisdiction of the Court without prior permission. d. The petitioner-accused to report to the Investigating Officer as and when required for interrogation or progress of the case. Parties are at liberty to settle the dispute amicably. Any violation of the above conditions will entitle the prosecution to seek cancellation of bail. __________Sd/-________ JUSTICE K.S.HEMALEKHA AT CT-ASC List No.: 1 Sl No.: 8