- 1 - HC-KAR NC: 2025:KHC-D:9907 CRL.P No. 102976 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102976 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: JAILANI S/O. MAHAMADSAB BISTI, AGE. 56 YEARS, OCC. BOND WRITER, R/O. #8, GANDHI CHOWK, KERI KELAGIN ONI, DHARWAD-580 002. … PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: STATE OF KARNATAKA, SUB-URBAN P.S., DHARWAD, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA-580 011, DHARWAD BENCH, DHARWAD. … RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS), PRAYING TO ALLOW THIS CRIMINAL PETITION AND RELEASE ON ANTICIPATORY BAIL THE PETITIONER/ACCUSED NO.3 IN THE EVENT OF HIS ARREST BY THE SUB-URBAN P.S. DHARWAD IN CRIME NO.89/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120B, 419, 420, 468, 471 R/W 34 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9907 CRL.P No. 102976 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.3 in Crime No.89 of 2025 registered by Dharwad Sub-Urban Police Station, Hubballi-Dharwad City for the offences punishable under Sections 120B, 419, 420, 471 and 468 read with Section 34 of Indian Penal Code, is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that accused Nos.4 and 5 have been granted anticipatory bail by this Court in Crl.P.No.102838/2025. The petitioner is a deed writer who had prepared the alleged fraudulent sale deed. He is ready and willing to cooperate with the police. 4. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. - 3 - HC-KAR NC: 2025:KHC-D:9907 CRL.P No. 102976 of 2025 5. Perusal of the material on record would go to show that the allegation of executing fraudulent sale deed in favour of accused No.1 is as against accused No.2. The petitioner who is arrayed as accused No.3 in the FIR is said to be the deed writer, who had prepared the sale deed in question. Accused Nos.4 and 5 who are the alleged attesting witnesses to the fraudulent sale deed dated 31.10.2025 have been granted anticipatory bail by this Court in Crl.P.No.102838/2025, disposed off on 29.07.2025. The maximum punishment for the alleged offences is 7 years. Petitioner who has not criminal antecedents has undertaken to cooperate with the police for the purpose of investigation. Accordingly, following: ORDER i. Criminal Petition is allowed. ii. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.89 of 2025 registered by Dharwad Sub-Urban Police Station, Hubballi- - 4 - HC-KAR NC: 2025:KHC-D:9907 CRL.P No. 102976 of 2025 Dharwad City for the offences punishable under Sections 120B, 419, 420, 471 and 468 read with Section 34 of Indian Penal Code, subject to the following conditions: a. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer. b. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 5 - HC-KAR NC: 2025:KHC-D:9907 CRL.P No. 102976 of 2025 d. The petitioner shall not involve in similar offences in future. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 31