- 1 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 05TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104171 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: JAFER SADIK HUSSAIN MUKTHESAR, AGE. 55 YEARS, OCC. PVT. WORK, R/O. HERANGADI, HONNAVAR, UTTARA KANNADA, KARNATAKA HONNAVAR-581334. …PETITIONER (BY SRI PRASHANT V.MOGALI, ADVOCATE.) AND: THE STATE OF KARNATAKA, BY HONNAVAR POLICE STATION, THROUGH S.P.P. HIGH COURT KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI JAIRAM SIDDI, HIGH COURT GOVERNMENT PLEADER.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973 (UNDER SECTION 482 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023) PRAYING TO GRANT ANTICIPATORY BAIL IN CRIME NO.174/2025 OF HONNAVAR POLICE STATION DATED 24.08.2025, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 318(2), 318(4) OF BHARATIYA NYAYA SANHITA, 2023, AGAINST THE PETITIONER/ACCUSED NO.1, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., HONNAVAR, BY Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 ALLOWING THE PRESENT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner, who is accused No.1, in Crime No.174/2025 of respondent police, pending before the Principal Civil Judge and JMFC, Honnavar, registered for the offences punishable under Section 318(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023, is before this Court, seeking anticipatory bail. 2. The case of the prosecution is that, the complainant filed a complaint stating that, he and his friend Noushad, when they were working in Oman, came in contact with the petitioner herein, a resident of Kerala, through social media, who was then working in Kuwait. It is further alleged that during the conversations the petitioner represented that, on returning of complainant to his native place, he would arrange for Kuwait visa and employment for - 3 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 him and also arranged visas for others who are interested to go to Kuwait. The complainant further alleges that on returning to his native place, the complainant handed over certain documents to Noushad at the instance of the petitioner and he was asked to wait for 20 to 25 days. Thereafter the petitioner is alleged to have sent a ticket and visa and demanded for a sum of ₹80,000/-. Subsequently an additional amount of ₹2,82,000/- was paid for a job offer letter. 3. It is further alleged that the complainant transferred in all ₹52,01,185/- to the account of the petitioner and one Sujatha. Later, on enquiry with Kuwait person, he came to know that he has been cheated by the Petitioner. Therefore, he lodged the complaint before the respondent police. The respondent police registered a case in Crime No.174/2025 for the offences stated supra. The investigation is under progress. - 4 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 4. Heard Sri Prashant V. Mogali, learned counsel for petitioner and Sri Jairam Siddi, learned High Court Government Pleader for the respondent State and perused the material placed before the Court. 5. It is the submission of the learned counsel for the petitioner that, petitioner is innocent of the alleged offences. He was arranging job for the interested persons at Kuwait on honorary basis. Though, it is alleged that the amount of ₹10,00,000/- is deposited in the account of the petitioner, in fact, he has opened the account in the year 2025. The entire bank statement would indicate that no such amount was deposited in his account. The petitioner is permanent resident of Herangadi, Honnavar Taluka in Uttarakannada District and he is aged about 55 years and he will abide the condition imposed by this Court in the event of his release on bail. Making such submissions, learned counsel for the petitioner has prayed to allow the petition. - 5 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 6. Per contra, learned High Court Government Pleader vehemently opposed the said submission and he further submitted that, the petitioner had cheated many interested persons to move to Kuwait for job and he received huge amount from the unemployed persons and committed fraud to the said persons. In case, if he is released on bail, there may be chances of going abroad, by taking advantage of the bail granted by this Court. In fact, the custodial interrogation is very much essential in order to unearth the facts of the case. Therefore, it is not appropriate to grant him bail. Making such submissions, learned High Court Government Pleader prays to reject the petition. 7. Having heard the learned counsels for the respective parties and also perused averments of the complaint, it appears from the record that, the complainant collected amount from various unemployed persons on account of getting them suitable job at Kuwait and he is stated to have deposited amount to the account of the - 6 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 petitioner a sum of Rs.10,00,000/-. The learned counsel for the petitioner made available the bank statement of the petitioner. On perusal of the same, it appears that no such huge amount is deposited to his account. 8. Having considered the nature and circumstances of the case, it is appropriate to grant him bail by imposing suitable conditions that would take care of the apprehension of the prosecution. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail, in the event of his arrest, in Crime No.174/2025 of respondent police, pending before the Principal Civil Judge and JMFC, Honnavar, on executing his personal bond for a sum of ₹2,00,000/- (Two Lakh Rupees) along with two sureties for the like sum, to the satisfaction of the Trial Court. - 7 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 iii) The petitioner shall cooperate with the Investigating Officer, for investigation as and when it is required. iv) The petitioner shall mark his attendance before the respondent police once in 15 days on Saturday between 10.30 to 02.00 p.m., till filing of the charge sheet. v) The petitioner shall not tamper the prosecution witness. vi) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission. vii) The petitioner shall not commit similar or any other criminal offences till disposal of the case. viii) The petitioner shall appear before the Court on all hearing dates, without fail. ix) In case, the petitioner violates any of the conditions enumerated above, liberty is reserved to the - 8 - HC-KAR NC: 2025:KHC-D:15053 CRL.P No. 104171 of 2025 prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 1 Sl No.: 4