- 1 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 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. 102668 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: SMT. MUBINA W/O ARIFKHAN PATHAN, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: HUNCHYANATTI VILLAGE, TQ: AND DIST: BELAGAVI. … PETITIONER (BY SRI. JAMBANAGOUD BASAVARAJ AND SRI. RAM P. GHORPADE, ADVOCATES) AND: THE STATE OF KARNATAKA, (THROUGH TILAKWADI P.S. BELAGAVI CR.NO.105/2024), BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 011. … RESPONDENT (BY SMT. KIRITLATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ALLOW THIS PETITION, GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CONNECTION WITH CR.NO.105/2024 OF TILAKWADI P.S. BELAGAVI, REGISTERED FOR THE OFFENCES UNDER SECTIONS 61(2), 318(4), 336(2), 336(3), 340(2), 3(5) OF BNSS, 2023, PENDING ON THE FILE OF JMFC-IV COURT, BELAGAVI DISTRICT, PENDING INVESTIGATION AND TRIAL OF THE CASE IN SO FAR PETITIONER IS CONCERNED ONLY AND IN THE INTEREST OF JUSTICE. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.2 in Crime No.105/2024 registered by Tilakwadi Police Station, Khadebazar Sub-Division, Belagavi City for the offences punishable under Sections 61(2) 318(4), 336(2), 336(3), 340(2), 3(5) of BNSS, 2023, is before this Court, under Section 482 of the BNSS 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.105/2025 was registered by Tilakwadi Police Station, for the aforesaid offences against Arifkhan Imamkhan Pathan and two others based on the first information dated 30.09.2004 received from Lakshman Yallappa Godyalkar, who was working as a Manager in Khanapur Cooperative Bank Ltd. Belagavi Branch. Apprehending arrest in the said case, the petitioner who is - 3 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 of 2025 arrayed as accused No.2 in the FIR had filed Crl. Misc. No.401/2025 before the jurisdictional Sessions Court, which was rejected on 07.04.2023. Therefore, she is before this Court. 4. In the typed copy of the first information, which is filed by the Manager of the Cooperative Bank on 30.09.2024, he has stated that accused No.1 was the customer of the Bank for the last about 18 years and he had a regular transaction in the said Bank and also had availed loans from the bank. Accused No.2, who is the petitioner herein is the wife of accused No.1. In the first information, it is alleged that accused Nos.1 and 2 had borrowed loan from the Bank for the purpose of purchase of the trucks and subsequently they had failed to repay the instalments of the loan and their loan accounts were overdue. It is alleged that, on verification, the first informant came to know that by committing fraud, the accused persons had created documents and on the strength of the said documents, the hypothecation entries - 4 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 of 2025 in the registration certificate of the vehicles purchased by the accused by borrowing money from the Bank was deleted and thereafter the vehicles were sold to third persons. It is under these circumstances the first informant had approached the Police and based on his typed first information dated 30.09.2024, FIR has been registered against three persons and the petitioner is arrayed as accused No.2 in the FIR. 5. A perusal of the first information would go to show that admittedly the husband of the petitioner was a long standing customer of the bank and it appears that he had availed number of loans from the bank and subsequently he had failed to repay the instalments of some of the loans borrowed. It appears that he also had borrowed loan in the name of his wife and the instalments of the said loans were not properly paid and there is a further allegation that based on the fraudulent documents, the hypothecation entries in the documents of the vehicles, which were purchased by availing financial assistance from - 5 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 of 2025 the Bank were deleted and thereafter the said vehicles were sold to third parties and the third parties rights were created without the knowledge of the Bank, which had sanctioned the loans to the accused for the purpose of purchase of the vehicles. It appears that the entire allegations found in the first information are against accused No.1, who is the husband of the petitioner. 6. Learned counsel for the petitioner has produced material before this Court to show that the relationship between accused Nos.1 and 2 is strained and the petitioner has already initiated proceedings before the Jurisdictional Family Court in Crl. Misc. No.268/2025 seeking maintenance from accused No.1 for herself and for the minor son, who is aged about 14 years. 7. From the reading of the pleadings in Crl. Misc. No.268/2025, it appears that the petitioner and her son were thrown out of the matrimonial home by accused No.1 on 15.112025. The petitioner is a married lady and has - 6 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 of 2025 undertaken to cooperate with the Police for the purpose of investigation and undisputedly she has no criminal antecedents. The alleged offences are triable by the Court of Magistrate, and the maximum punishment prescribed for the alleged offences is imprisonment up to seven years. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The petition is allowed. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.105/2024 registered by Tilakwadi Police Station, Khadebazar Sub-Division, Belagavi City for the offences punishable under Sections 61(2) 318(4), 336(2), 336(3), 340(2), 3(5) of BNSS, 2023, subject to the following conditions: - 7 - HC-KAR NC: 2025:KHC-D:9754 CRL.P No. 102668 of 2025 i. The petitioner 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/- with two sureties for the like sum to the satisfaction of the investigating officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. The petitioner shall not tamper with the prosecution witness and she shall co- operate with the police for investigation and appear before them whenever called upon. iv. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 26