- 1 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 105293 OF 2025 (438(Cr.PC)/482(BNSS)-) BETWEEN: 1. SRI. BASAIAH HIREMATH @BASAIAH S. HIREMATH S/O SHADAKSHARAIAH HIREMATH, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O: NO.1/26, 1ST WARD, NEAR MARUTHI TEMPLE, GULDALLI VILLAGE, TQ AND DIST: KOPPAL- 583 231. 2. PAMPANAGOWDA @ PAMPAPATHI S/O BASAPPA K., AGE: 48 YEARS, OCC: AGRICULTURIST, R/O: WARD NO. 3, MNM SCHOOL ROAD, 2ND CROSS, JAYA NAGARA, TQ: GANGAVATHI, DIST: KOPPAL- 583 231. …PETITIONERS (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 AND: THE STATE OF KARNATAKA, BY ITTIGI PS TQ AND DIST: BALLARY, REPRESENTED BY ADDL S.P.P., HIGH COURT PREMISES, DHARWAD- 580011. …RESPONDENT (BY SRI. PRAVEENA Y. DEVARADDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS) SEEKING TO ENLARGE THE PETITIONERS/ ACCUSED NO.1 AND 2 ON ANTICIPATORY BAIL FOR THE CRIME REGISTERED BY THE ITTIGI P.S. TQ AND DISTRICT VIJAYANAGAR DATED 11.10.2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 34, 406, 420, 468 OF IPC PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC HAGARI BOMMANAHALLI IN CRIME NO.77/2025, AND CONSEQUENTLY ALLOW THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners are before this Court seeking for grant of anticipatory bail in Crime No.77/2025 of respondent-police for the offences punishable under Section 406, 420, 468 r/w 34 of IPC. Brief facts of the case: 2. The case of the prosecution is that the complainant – Smt. Lalitha Bai W/o late Kotresha naik lodges a complaint stating that the petitioner who is arrayed as accused Nos.1 and 2, in furtherance of their common intention, get the policy done in the name of the husband of the complainant for a sum of Rs.40,00,000/-, got the policy done from HDFC Insurance. Thereafter, after the death of the husband of the complainant the petitioners are stated to have received the amount by submitting the false documents in order to commit fraud against the complainant and her family members. Hence, the complaint. 3. Based on the said complaint, the respondent - police have registered a case in Crime No.77/2025 against the petitioners for the aforesaid offences. The investigation is under progress. - 4 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 4. Heard Sri. Vadiraj P. Vadavi, learned counsel for the petitioners and Sri. Praveen Y. Devareddiyavar, learned High Court Government Pleader for respondent -State. 5. The submissions of learned counsel for the petitioners are that, the complainant being a wife of deceased Kotresh Naik, lodges a complaint stating that her husband has died due to ill health. It is not stated in the complaint that when and how, the petitioners have received amount from the Insurance Company by forging the signature of the deceased and also by creating false documents. It is further stated that the false and baseless allegations leveled against the petitioners. Therefore, the ingredients of the provisions stated in the complaint are not attracted against the petitioners. Therefore, they may be enlarged on bail by imposing suitable conditions. Making such submissions, learned counsel prays to allow the petition. 6. Per contra, learned High Court Government Pleader for respondent-State vehemently submitted that the petitioners in furtherance of their common intention to cheat the complainant obtained insurance money after the death of her husband - 5 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 without her knowledge by creating false documents. Prima-facie, there are materials to show that the petitioners have cheated the complainant for a sum of Rs.40,00,000/-. Hence it is not appropriate to grant them bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, there is no clarity in the said complaint that when and how the petitioners have received the insurance amount from the HDFC bank, which belongs to the husband of the complainant. There is an ambiguity in respect of the entire transactions. Moreover, there is an inordinate delay in lodging the complaint. Having considered the said ambiguity, it is appropriate to grant them bail, as prayed for in the event of their arrest. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of his arrest in - 6 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 Crime No.77/2025 of respondent-police for the aforesaid offences on executing personal bond in a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Trial Court. (iii) The petitioners shall appear before the jurisdictional police within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioners shall co-operate with investigation till filing of the charge sheet. (v) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vi) The petitioners shall not commit any criminal cases, till disposal of the case. - 7 - HC-KAR NC: 2025:KHC-D:18682 CRL.P No. 105293 of 2025 In case, if the petitioners violate 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 JS/- List No.: 1 Sl No.: 36