- 1 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104332 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. SHRI. SIDDAPPA S/O. SATYAPPA JONGANAVAR, AGE. 26 YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587119. 2. SHRI. KALLAPPA S/O. BHIMAPPA JONGANAVAR, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587119. 3. SMT. BHARATI W/O. MAHANTESH JONGANAVAR, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587119. 4. SHRI. MAHANTESH S/O. BASAPPA JONGANAVAR, AGE. YEARS, OCC. AGRICULTURE, R/O. MADARAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT-587119. …PETITIONERS (BY SRI. A.R. PATIL, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 AND: THE STATE OF KARNATAKA, THROUGH PSI JAMAKHANDI, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD PIN-580011, JAMAKHANDI TOWN POLICE STATION-587119. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023) PRAYING TO, ALLOW THIS PETITION AND RELEASE THE PETITIONERS/A1-4 ON ANTICIPATORY BAIL IN JAMAKHANDI TOWN P.S. CRI NO.0098/2025, ON THE FILE OF PRL. CIVIL JUDGE (SR.DN.) AND CJM, JAMAKHANDI, BAGALKOT DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 120B, 420, 465, 468 AND 471 OF THE IPC 1860 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioners who are arrayed as accused Nos.1 to 4 are before this Court seeking for grant of anticipatory bail in Crime No.98/2025 of respondent/Police for the offence punishable under Sections 120B, 420, 465, 468 and 471 of Indian Penal Code, 18601. Brief facts of the case: 2. The case of the prosecution is that, petitioner Nos.1 to 4 are the members of Prathamika Krushi Pattina Sahakari Sangha, Madharakhandi, Jamkhandi Town and they had borrowed the loan from the said Bank by producing the fake and fabricated documents and committed fraud on the Bank in not repaying the loan amount. It is further stated that, accused No.2-Kallappa without repaying the loan amount of Rs.5 lakhs which he had borrowed from the Society on 22.06.2023, created a 1 For short ‘IPC’ - 4 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 false document stating that, he has paid the loan amount and produced the same before the Sub-Registrar of Jamakhandi for cancellation of the mortgage deed. It is further stated that, accused No.3-Bharati Mahantesh without repaying the loan amount of Rs.6 lakhs which she had borrowed from the Society also created the forged documents stating that, she had repaid the loan amount. Similarly, complaint averments reveals that, accused No.4 with the help of accused No.3 created and forged the No objection cerfiticate by using the fabricated seal of the Society and submitted the same before the concerned Sub- Registrar for cancellation of mortgage deed. 3. Based on the said complaint, the respondent/Police registered a case in Crime No.98/2025 for the offence stated supra. The investigation is under progress. - 5 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 4. Heard Sri.A.R.Patil, learned counsel for the petitioners and Sri.Praveen Y. Devareddi, learned High Court Government Pleader for respondent/State. 5. It is the submission of the learned counsel for the petitioners that, the petitioners are innocent of the alleged offences. They are the members of the Society and they borrowed the loan in accordance with law and also repaid the entire loan amount and submitted the ‘No Objection Certificate’ given by the Society for the purpose of cancellation of the mortgage deed before the Sub-Registrar office. 6. It is further submitted that, the complainant in order to harass the petitioners have filed a false case stating that, those documents have been created and forged. The said matter requires a trial. However, the offences levelled against the petitioners are neither punishable with death nor imprisonment for life. The petitioners are the residents of Madarakhandi of - 6 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 Jamakhandi Taluk. They are the earning members of their respective families. They will abide the conditions imposed by this Court, in the event of their release on bail. Making such submissions, he prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, the petitioners have borrowed the loan from the Society. However, even though, they did not repay the loan amount, they created and forged some documents stating that, the loan was cleared and submitted the said document before the Sub-Registrar office and got the mortgage deed cancelled. It is a clear intention to defraud the said Society. The amount which the Society had advanced is the public money. Since, the petitioners have committed offence not only against the particular Bank, but also the offences against the public at large. At this Stage, it is not appropriate to grant bail. Making such submissions, he prays to reject the petition. - 7 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 8. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it appears from the record that, the petitioners herein being the members of the Society had borrowed loan from the Bank and they did not repay the loan amount. However, there are no ingredients regarding the repayment of the loan amount. Moreover, the alleged ‘No Objection Certificate’ given by the Society is the disputed document. According to the complainant, the matter requires a detailed investigation. 9. Be that as it may, the offences are neither punishable with death nor imprisonment for life. If the suitable conditions are imposed, the apprehension of the prosecution would be met. Accordingly, it is appropriate to grant bail as prayed for. 10. Hence, I proceed to pass the following: - 8 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 ORDER (i) The petition is allowed. (ii) The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.98/2025 of respondent/Police, on executing personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigation Officer. (iii) The petitioners shall appear before the Investigating Officer within a period of one month from today to execute personal bond and also to furnish surety. (iv) The petitioners shall co-operate with the investigation till filing of the charge-sheet. - 9 - HC-KAR NC: 2025:KHC-D:15888 CRL.P No. 104332 of 2025 (v) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioners shall appear before the Investigating Officer as and when it is required till filing of the final report. 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 PJ/CT: UMD List No.: 1 Sl No.: 41