- 1 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103618 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: ISAQ @ CHINNU S/O. JAYARAJ, AGE. 39 YEARS, OCC. COOLIE, R/O. NEAR HULIGEMMA TEMPLE, AMBEDKAR NAGAR, SANGANKAL, BALLARI-583103. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE FOR SRI. D.V. PATTAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, GANGAVATHI TOWN POLICE STATION, NOW REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. R/W SECTION 483 OF BNSS 2023, PRAYING TO, ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.35/2014 OF GANGAVATHI TOWN POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 389, 489(A),(B)(C), 201 506 R/W 34 OF I.P.C., PENDING ON THE FILE OF THE ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL SITTING AT GANGAVATHI IN S.C. NO.14/2025, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.35/2014 of respondent/Police for the offence under Sections 120(B), 389, 489(A), 504 and 506 of Indian Penal Code, 18601. Brief facts of the case: 2. The case of the prosecution is that, the complainant was a Former MLA of Gangavathi lodges a complaint stating that, he had received a post cover containing three fake currency notes of Rs.1,000/-, 500/- and 100/-. In the said cover, it also contained one letter stating that, the complainant as if he had met the person who sent the cover and further stated that, he was sending Rs.10 Lakhs fake notes for the purpose of elections and 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 asked him to send the amount within three-four days as discussed earlier. 3. It is further stated in the complaint that, the person who sent the letter had warned the complainant that, he had concealed fake currency notes around his house and he would instruct the Police to arrest the complainant if the complainant fails to pay the amount as instructed by the person who has sent the letter. 4. It is further stated that, being aggrieved by the threatening and extortion, a complaint came to be registered against Rajesh. The respondent/Police after registering the case, conducted the investigation and submitted the charge-sheet. 5. Heard Sri.Sabeel Ahmed, learned counsel for Sri.D.V.Pattar, for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 6. The submission of the learned counsel for the petitioner is that, the petitioner is innocent of the alleged - 4 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 offences and he has been falsely implicated in this case. In fact, a complaint came to be registered against Rajesh. 7. It is further stated that, the petitioner was on bail and he was attending the Court regularly. However, due to Covid-19 pandemic, he could not be able to attend the Court. Hence, the Trial Court has issued arrest warrant and forfeited the surety. Consequently, he was arrested on 12.05.2025. 8. It is further submitted that the petitioner is having old aged parents and he is the only earning member of his family. The petitioner is the permanent resident as shown in the cause title. He would abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 9. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that petitioner has violated the conditions of bail and he has been secured by issuing the proclamation. Such being the - 5 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 case, if the petitioner is enlarged on bail, there may be chances of absconding from the case. Therefore, the petition may be rejected. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Having heard the learned counsel for the respective parties and on perusal of the averments of the petition, the learned counsel for the petitioner contended that, the petitioner could not get the proper instruction from his counsel before the trial Court to attend the Court. In the meantime, Non-Bailable Warrant was issued against the petitioner and he was secured through the said warrant. According to him, in case if one more chance is given to the petitioner and enlarged him on bail by imposing suitable conditions, he will abide the conditions imposed by this Court. 11. Moreover, the name of the petitioner in this case has been included in the charge-sheet during the investigation. Considering the same, it is appropriate to - 6 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 grant him bail by imposing suitable conditions that would take care the apprehension of the prosecution. 12. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.35/2014 of respondent/Police on executing personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court subject to following conditions; (a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (b) The petitioner shall appear before the Trial Court on all hearing dates without fail. (c) The petitioner shall affix his signature once in fifteen days before the - 7 - HC-KAR NC: 2025:KHC-D:15493 CRL.P No. 103618 of 2025 respondent/Police on Saturday between 10:00 AM to 2:00 PM till disposal of the case. (d) The petitioner shall not involve in any criminal case till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 60