- 1 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103811 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. KUMARASWAMY B.H. S/O. HANAMAMTHAPPA, AGE. 52 YEARS, OCC. TRADITIONAL VAIDHYARU, R/O. 1ST MAIN, 6TH CROSS, VIDYANAGAR, CHITRADURGA, TQ. CHITRADURGA, DIST. CHITRADURGA-577501. 2. NAVEEN S/O. KUMARASWAMY B.H., AGE. 29 YEARS, OCC. NIL, R/O. 1ST MAIN, 6TH CROSS, VIDYANAGAR, CHITRADURGA, TQ. CHITRADURGA, DIST. CHITRADURGA-577501. …PETITIONERS (BY SRI. SHIVANAND MALASHETTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH HARAPANAHALLI POLICE STATION, REPRESENTED BY IT’S STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580004. 2. ALLABHAKSHI S/O. RAJASAB, AGE. 50 YEARS, OCC. EMPLOYEE, R/O. NANDHI BEVURU, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR, PIN-583131. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (482 OF BNSS), PRAYING TO, ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL AND ENLARGE THE PETITIONERS/ACCUSED NO.1 AND 2 ON ANTICIPATORY BAIL IN HARAPANAHALLI P. S. CRIME NO.76/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT AT HARAPANAHALLI AND SET ASIDE THE IMPUGNED ORDER DATED 04/08/2025 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BELLARY SITTING AT HOSPETE PASSED IN CRI. MICS. NO.5436/2025, BY ALLOWING THIS PETITION IN INTEREST OF JUSTICE AND EQUITY. 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) The petitioners are before this Court seeking anticipatory bail in Crime No.76/2025 filed by the respondent-police. 2. The case of the prosecution is that the complainant namely Allabhakshi S/o Rajasab, lodges a complaint against the petitioners stating that the complainant and his daughter on the instruction of the petitioners collected the amount from the public stating that - 3 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 they would get them benefit from the different schemes under the Government of Karnataka for the purpose of running the private business. They collected the amount of Rs.21,00,000/- from different persons and handed over the same to the petitioners. However, the petitioners after receiving the said amount has not got sanctioned the loan under the scheme to the proposed beneficiaries. Therefore, a complaint was lodged against the petitioners. 3. On the basis of the complaint, the respondent–Police registered a case against the petitioners. Hence, they are seeking anticipatory bail. 4. Heard Sri. Shivanand Malashetti, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent No.1 – State of Karnataka. 5. It is the submission of learned counsel for the petitioner that the petitioners are innocent of the alleged - 4 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 offences and they have been falsely implicated in this case. In fact, the petitioners are stated to have received the amount of Rs.21,00,000/- from the complainant. However, except their statements, none of the witnesses have seen the said amount at the time of giving the same to the petitioners. In fact, baseless and bald allegations are made against the petitioners to implicate them in a false case. 6. It is further submitted that the petitioners are the permanent residents of Vidyanagar, Chitradurga, they are the father and the son of the same family. They will abide the conditions imposed by this Court in the event of their release on bail. Making such submissions, the learned counsel for the petitioners prays to allow the petition. 7. Per Contra, the learned High Court Government Pleader for respondent No.1 – State of Karnataka, vehemently, submitted that the petitioners are the father and son of the same family, they had instructed the complainant that, they would get the loan sanctioned under - 5 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 the various schemes to the proposed beneficiaries. Accordingly, the complainant and his daughter collected money from the public and they are stated to have handed over the amount of Rs.21,00,000/- at Chitradurga. Therefore, it is not appropriate to grant anticipatory bail, as they are required for custodial interrogation. Making such submissions, the learned High Court Government Pleader for respondent No.1 – State prays to reject the petition. 8. Having heard the learned counsels for the respective parties and also perused the averments of the complaint, it appears from the record that, the complainant and his daughter collected amount from the public stating that they would get the loan sanctioned to run their business under the various schemes of the Government of Karnataka. Therefore, they collected the amount and they are stated to be handed over the said amount to the petitioners. - 6 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 9. Be that as it may, on perusal of the averments of the complaint, I am of the considered opinion that the petitioners have made out a case to grant the relief as prayed for. It is needless to say that at this stage the merit of the case is not required to be dealt with. Hence, I proceed to pass the following: ORDER. i. The Criminal Petition is allowed. ii. The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.76/2025 of the respondent-Police on executing the personal bonds for a sum of Rs.1,00,000/- each with one surety each to the satisfaction of the Investigating Officer. iii. The petitioners shall appear before the Investigating Officer within a period of one month from today to execute the bond and for its maturity. - 7 - HC-KAR NC: 2025:KHC-D:15123 CRL.P No. 103811 of 2025 iv. The petitioner shall co-operate with the investigation, till filing of the charge-sheet. v. The petitioner shall not threaten the prosecution of the case. vi. The petitioner shall appear before the Trial Court on all hearing dates. vii. In case, if, the petitioners violate any conditions, the liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE NM List No.: 2 Sl No.: 34