- 1 - HC-KAR NC: 2025:KHC-D:11309 CRL.P No. 102938 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102938 OF 2025 (438(CR.PC)/482(BNSS)) BETWEEN: NAGARAJ S/O GANESHA ACHAR, AGE. 45 YEARS, OCC. BUSINESS, R/O. GURUVIN THOTA, HARAPANAHALLI TOWN, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-583 131. … PETITIONER (BY SRI. H.N. GULARADDI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH HARAPANAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580 011. … 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 SET ASIDE THE ORDER OF REJECTION OF ANTICIPATORY BAIL APPLICATION IN CRL. MISC. NO.5379/2025 DATED 10.07.2025 PASSED BY THE IIIRD ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HARAPANAHALLI AND GRANT ANTICIPATORY BAIL IN HARAPANAHALLI P.S. CRIME NO.60/2024 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 OF IPC BY ALLOWING THIS CRL. PETITION UNDER SECTION 482 OF BNSS SEEKING FOR ANTICIPATORY BAIL IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11309 CRL.P No. 102938 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.60/2025 registered by Harappanahalli P.S. for the offences punishable under Sections 406 and 420 of Indian Penal Code is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023) seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.60/2025 was registered by Harappanahalli P.S. for the aforesaid offences against the petitioner herein based on the first information dated 06.04.2024 received from Annapura W/o Shamanna. Apprehending arrest in the case, the petitioner had filed Criminal Miscellaneous P.No.2379/2025 before the jurisdictional Sessions Court which was rejected on 10.07.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has already returned the gold and money received from the first informant in the present case. He is - 3 - HC-KAR NC: 2025:KHC-D:11309 CRL.P No. 102938 of 2025 ready and willing to cooperate with the police for the purpose of investigation. Alleged offences are triable by the Court of Magistrate. The petitioner has no other criminal antecedent. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner has cheated many others in addition to the first informant. She however fairly submits that the first informant who is present in person before the court has admitted receipt of gold and cash from the petitioner. 6. First informant in the present case had filed detailed typed first information on 06.04.2024 before the Harapanahalli police station alleging that petitioner who was running jewelry shop in their town, with a promise to provide gold at lower rate and to give loan with lesser interest was collecting gold and cash from his customers. She has alleged that over a period of 3 to 4 years, she had pledged 510 gms of gold with the petitioner and had - 4 - HC-KAR NC: 2025:KHC-D:11309 CRL.P No. 102938 of 2025 received loan of Rs.15,00,000/- from him. Towards repayment of the loan she had paid a sum of Rs.3,00,000/- to the petitioner. Petitioner had collected money and gold similarly from 56 others persons. Subsequently, it was found that petitioner was absconding and he had not returned the gold or money to his customers. It is under these circumstances, FIR was registered against the petitioner for the aforesaid offences. 7. It is not in dispute that petitioner has no other criminal antecedent. First informant who is present in the Court in person has admitted that she has received the gold and cash from the petitioner and she has no claim against him. The alleged offences are triable by the Court of Magistrate and maximum punishment for said offices is imprisonment for a period of 7 years. Petitioner who is a married man aged about 45 years has undertaken to cooperate with police for the purpose of investigation. Undisputedly, no complaint has been received by the police from other persons who have been allegedly cheated in the - 5 - HC-KAR NC: 2025:KHC-D:11309 CRL.P No. 102938 of 2025 present case, except the first informant herein. Under these circumstances, I am of the opinion that the prayer made by the petitioner in the present needs to be answered affirmatively reserving liberty to the investigation officer to file necessary application before the jurisdictional Court seeking his custody in the event it becomes necessary. Accordingly, I proceed to pass the following: ORDER Criminal petition is allowed. 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.60/2025 registered by Harapanahalli P.S. for the offences punishable under Sections 406 and 420 of Indian Penal Code, subject to the following conditions: (i) The petitioner is directed to appear before the Investigating Officer between 10:00 a.m. and 11:00 a.m. on 15.09.2025 and on the said date, if necessary the Investigating Officer is at liberty to take the petitioner to custody for the purpose of interrogation. - 6 - HC-KAR NC: 2025:KHC-D:11309 CRL.P No. 102938 of 2025 However, it is made clear that on the same day on or before 6:00 p.m. the petitioner shall be released by the Investigating Officer subject to he executing personal bond for a sum of Rs.1,00,000/- with two sureties to the likesum to the satisfaction of the Investigating Officer. ii. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. iii. 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. iv. The petitioner shall not involve in similar offences in future. v. The petitioner shall mark his attendance before the S.H.O. of Harapanahalli Police Station on every Sunday between 10:00 a.m. and 01:00 p.m. till the investigation is completed in the present case. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB/CT:BCK/LIST NO.: 1 SL NO.: 16