- 1 - HC-KAR NC: 2025:KHC-D:8040 CRL.P No. 102161 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102161 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: SHARANAPPA TIKOTIKAR, AGE: 35 YEARS, OCC: SELF EMPLOYED, R/AT. C/O. HAJAPPA TIKOTIKAR, JAMKHANDI ROAD, KALEBAG, BIJAPUR, VIJAYAPURA-586101. …PETITIONER (BY SRI. SADYOJAT R. BALIGATTIMATH, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD, SUB-URBAN P.S. REP. BY STATE PUBLIC PROSECUTOR, DHARWAD, HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 IN THE DHARWAD SUB- URBAN POLICE CRIME NO.59/2022 FOR THE OFFENCES PUNISHABLE U/S.506, 420 R/W. 34 OF IPC PENDING BEFORE THE PRL. CIVIL JUDGE, JMFC COURT DHARWAD, IN THE INTEREST OF JUSTICE. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8040 CRL.P No. 102161 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri. Sadyojat R.Baligattimath., learned counsel for the petitioner and Smt. Kirtilata Patil., learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.2 has filed this petition under Section 438 of Cr.P.C., [482 of Bharatiya Nagarik Suraksha Sanhita, 2023] praying to grant anticipatory bail in Crime No.59/2022 of respondent/Police for the offences punishable under Sections 506 and 420 read with Section 34 of Indian Penal Code (for short ‘IPC’). 3. Brief facts of the prosecution case is as under; One Sri Sagar Sheelin has lodged a complaint alleging that petitioner- accused No.2 fraudulently induced him and his associates under the false pretense of securing employment as Deputy Director of Public Instruction (DDPI) under the New Education Policy (NEP) Scheme in the Central Government. Thus, the petitioner introduced - 3 - HC-KAR NC: 2025:KHC-D:8040 CRL.P No. 102161 of 2025 him to accused No.1-Raghavendra Katti, who, in collusion with him, misrepresented the existence of such Government posts and persuaded the complainant and his associates to accept the offer. Later, accused No.1- Raghavendra Katti accepted a sum of Rs.7,10,000/- from complainant-Sagar Sheelin as part of the purported recruitment process. Similarly, the Mallikarjuna and Shivaraj Avati were each induced to pay a sum of Rs.7,55,000/- towards securing the same position. These amounts were received fraudulently with intent to deceive and without any lawful authority or basis for such recruitment. Further, the complainant transferred a total amount of Rs.4,78,000/- via NEFT and UPI from his father's bank account to the bank account of Sharanappa Tikotikar-accused No.2 on 31.03.2021 and 16.04.2021, respectively, and the remaining amount of Rs.2,32,000/- was handed over in cash at the office of Umesh Kalasada, situated in Kamalapur, Dharwad. On 27.04.2021, the Mallikarjuna transferred a sum of Rs.2,05,000/- via NEFT - 4 - HC-KAR NC: 2025:KHC-D:8040 CRL.P No. 102161 of 2025 from his bank account to the account of accused No.1- Raghavendra Katti as part of the amount demanded for the alleged Government job, and on 27.04.2021, Shivaraj Avati transferred an amount of Rs.1,95,000/- via NEFT from his mother's bank account to the bank account of accused No.1-Raghavendra Katte towards purported Government job offer and remaining amount of Rs.5,60,000/- was paid in cash at the office of Umesh Kalasada situated at Kamalapur, Dharwad. On 28.07.2021, the remaining amount was handed over by the complainant and his associates. But later, the petitioner failed to secure the job. Hence, a complaint was lodged, which led to registration of FIR and initiation of investigation. 4. Learned counsel for the petitioner contended that petitioner is innocent; he has not committed any offence as alleged and he is the only bread earning member in the family. The contents of FIR and complaint would not make out alleged offence and there is no prima- - 5 - HC-KAR NC: 2025:KHC-D:8040 CRL.P No. 102161 of 2025 facie case against petitioner. Hence, he prayed for allowing the petition. 5. Per contra, learned High Court Government Pleader contended that there are sufficient materials collected by the Investigating Officer to show the involvement of petitioner in the alleged crime. The present petitioner being accused No.2 is involved in various cases. It is contended that investigation is pending and if petitioner-accused No.2 is released on anticipatory bail, again he may commit similar offence and also considering the nature and gravity of offence, petitioner is not entitled for bail. 6. On perusal of the material available on record, it appears that complainant has paid huge amount of Rs.7,10,000/- and Rs.7,55,000/- through his father’s account and from his other associates. However, petitioner failed to provide job. On the contrary, they cheated the complainant and his associates. It shows that petitioner- accused No.2 is involved in an offence punishable under - 6 - HC-KAR NC: 2025:KHC-D:8040 CRL.P No. 102161 of 2025 Section 420 of IPC, which is a cognizable in nature. The investigation report reveals that this petitioner is not surrendered and amount involved in this case is also not recovered. If petitioner is released on bail, he may commit similar offence and may tamper the prosecution witnesses. Considering the nature of allegation made against the petitioner and gravity of offence, the petitioner is not entitled for bail. Hence, the criminal petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN List No.: 1 Sl No.: 34