- 1 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102989 OF 2025 C/W CRIMINAL PETITION NO. 102988 OF 2025 (438(CR.PC)/482(BNSS)) IN CRL. P. NO. 102989 OF 2025: BETWEEN: 1. RAGHU S/O ASHOK NAIK, AGE. 29 YEARS, OCC. AGRICULTURE, R/O. KASABA KENI, ANKOLA TQ. ANKOLA, DIST. UTTARA KANNADA. 2. SMT. SUNITA W/O RAGHU NAIK, AGE. 32 YEARS, OCC. HOUSEHOLD WORK, R/O. KASABA KENI, ANKOLA, TQ. ANKOLA, DIST. UTTARA KANNADA. … PETITIONERS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA, (PSI ANKOLA POLICE STATION, ANKOLA), REP. BY SPP, HIGH COURT BUILDING, DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILARA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), PRAYING TO ENLARGE THE PETITIONERS/A1 AND A6 ON ANTICIPATORY BAIL IN ANKOLA POLICE STATION, ANKOLA P.S. CRIME NO.112/2025 PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, ANKOLA FOR THE OFFENCES PUNISHABLE U/S 336(2), 336(3), 338, 339, 340, 341(4), 342(1), RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 of 2025 342(2), 343, 316(2), 318(2), 318(4), 319(2) OF BNS 2023, IN RESPECT OF ACCUSED NO.1 AND 6/PETITIONERS ARE CONCERNED. IN CRL. P. NO. 102988 OF 2025: BETWEEN: 1. UDAY S/O RAMACHANDRA NAIK, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. KASABA KENI, ANKOLA, TQ. ANKOLA, DIST: UTTARA KANNADA-581 314. 2. JAYAVANTH S/O ASHOK NAIK, AGE. 32 YEARS, OCC. AGRICULTURE, R/O. KASABA KENI, ANKOLA, TQ. ANKOLA, DIST. UTTARA KANNADA-581 314. … PETITIONERS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA (PSI ANKOLA POLICE STATION, ANKOLA) REP. BY SPP HIGH COURT BUILDING DHARWAD-580 011. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN ANKOLA POLICE STATION, ANKOLA P.S. CRIME NO.112/2025 PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT, ANKOLA FOR THE OFFENCES PUNISHABLE U/S 336(2), 336(3), 338, 339, 340, 341(4), 342(1), 342(2), 343, 316(2), 318(2), 318(4), 319(2) OF BNS 2023, IN RESPECT OF ACCUSED NO.3 AND 5/PETITIONERS ARE CONCERNED. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1, 3, 5 and 6 in Crime No.112 of 2025 registered by Ankola Police Station, Uttara Kannada District, for offences punishable under Sections 336(2), 336(3), 338, 339, 340, 341(4), 342(1), 342(2), 343, 316(2), 318(2), 318(4), 319(2) of Bharatiya Nyaya Sanhita, 2023, are before this Court in these two petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.112 of 2025 was registered by Ankola Police Station, Uttara Kannada District, for the alleged offences against Prabhu Ashok Naik and six others based on the first information dated 05.07.2025 received from Manjusha Arun Jothady, Chief Executive Officer of Shardamba Women Multipurpose Co-operative Society, Ankola. Apprehending arrest in the case, petitioners had filed Criminal Miscellaneous Nos.256 and 255 of 2025 before the Jurisdictional Sessions Court, which were rejected on 23.07.2025. Therefore, they are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 of 2025 4. Perusal of the averments made in the first information would go to show that in the year 2017 accused No.2 had borrowed a sum of Rs.10,00,000/- from the aforesaid Co-operative Society and it appears that accused Nos.1, 7 and one Ratnakar Ramachandra Naik were the sureties for the aforesaid loan borrowed by accused No.2. It appears that Ratnakar Ramachandra Naik had died in the year 2018. Since accused No.2 had failed to repay the loan borrowed, steps were taken to recover the loan amount from accused No.2. Accused No.2 allegedly had informed the Officers of the Co-operative Society that accused Nos.1 and 7 were due to pay her sum money and therefore, she allegedly asked the bank authorities to bring the properties of accused Nos.1 and 7 for sale, which were mortgaged for the loan borrowed. When steps were taken by the Co-operative Society to bring the properties of accused Nos.1 and 7 for sale, it was learnt they had created documents based on which the entries in the revenue records of the lands mortgaged to the Co-operative Society were deleted and thereafter, charges were created in respect of the said properties in favour of other accused persons. It is under these circumstances, FIR came to be registered against seven named - 5 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 of 2025 persons. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. The allegations found in the first information are all based on documentary evidence, which are in the custody of the Society. Petitioners have undertaken to co-operate with the Police for the purpose of investigation. 5. Learned HCGP while opposing the bail application of the petitioners has brought to the notice of this Court that accused No.1 is a person with criminal antecedent. Merely for the reason that an accused is a person with criminal antecedent, his prayer for bail cannot be rejected if it is otherwise found that he is entitled for the relief sought for. 6. Considering the nature of allegations found against the accused persons, I am of the opinion that prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively reserving liberty to the Investigation Officer to seek custody of the petitioners, if necessary, by filing necessary application before the Jurisdictional Court. Accordingly, the following: - 6 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 of 2025 ORDER The petitions are allowed. 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.112 of 2025 registered by Ankola Police Station, Uttara Kannada District, for offences punishable under Sections 336(2), 336(3), 338, 339, 340, 341(4), 342(1), 342(2), 343, 316(2), 318(2), 318(4), 319(2) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: i. Petitioners are directed to appear before the Investigation Officer between 10:00 a.m. and 11:00 a.m. on 14.08.2025 and on the said day, if necessary, the Investigation Officer may take the petitioners to custody for the purpose of interrogation. However, it is made clear that the Investigation Officer shall release them on the same day on or before 06:00 p.m. subject to petitioners executing personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the Investigation Officer. ii. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 7 - HC-KAR NC: 2025:KHC-D:9791 CRL.P No. 102989 of 2025 C/W CRL.P No. 102988 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 RSH CT:BCK LIST NO.: 1 SL NO.: 37