- 1 - NC: 2025:KHC-D:420 CRL.P No. 103728 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103728 OF 2024 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI. MAHANTESH S/O MALAPPA PATAT, AGE: 47 YEARS, OCC: COOLIE, R/O: MARIHAL, BELAGAVI, NOW RESIDING AT: SUTAGATTI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI. … PETITIONER (BY SRI. NAVEEN R. MELINAMANI AND SRI. SADYOJAT R. BALIGATTIMATH, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH KITTUR POLICE STATION, BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, DHARWAD. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023), PRAYING TO ENLARGED ON BAIL IN CONNECTION WITH KITTUR P.S. CRIME NO.63/2019 I C.C.NO.154/2020 ON THE FILE OF THE CIVIL JUDGE AND JMFC, KITTUR, BELAGAVI FOR THE OFFENCES P/U/SEC. 417 AND 420 OF I.P.C. IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:13:34 +0530 - 2 - NC: 2025:KHC-D:420 CRL.P No. 103728 of 2024 ORAL ORDER 1. The petitioner, who is facing charges for offences punishable under Sections 417 and 420 of the Indian Penal Code (for short, “the IPC”), has approached this Court seeking regular bail. 2. The case of the prosecution is that a complaint was filed by Basavaraj S/o Shekhar on 05.05.2019 against the petitioner and two others. It is alleged that during the complainant’s visit to Kalabhavi village for reporting, one Madiwalapa Deemappa Tigadi met him and expressed his grievance. He alleged that about five years ago, the petitioner visited his village, offering to secure Group-D employment in the Railways. On the pretext of having contacts with higher officials in the Railway Department, the petitioner allegedly collected money from three individuals, promising them employment in the Railways. However, the petitioner failed to secure the promised jobs and refused to return the money. 3. The petitioner has submitted that he was not served with summons and was unaware of the summons issued by the trial court since he was not residing in the village. It is further - 3 - NC: 2025:KHC-D:420 CRL.P No. 103728 of 2024 submitted that his non-appearance before the trial court was not willful. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent- State. 5. The petitioner has been in custody since 02.10.2024, and the charge sheet has already been filed. The petitioner is no longer required for further interrogation as the investigation has been completed. Prolonged pre-trial detention would contravene the principles of liberty guaranteed under Article 21 of the Constitution of India. In view of the above, the petitioner has made out a prima facie case for being enlarged on bail. Accordingly, I pass the following: ORDER a. The petition is allowed b. The petitioner is enlarged on bail in Crime No.63/2019, registered by Kittur Police Station, pending on the file of Civil Judge and JMFC, Kittur, Belaavi, for the offences punishable - 4 - NC: 2025:KHC-D:420 CRL.P No. 103728 of 2024 under Sections 417 and 420 of the Indian Penal Code, subject to following conditions: i. Petitioner/accused shall furnish indemnity bond for a sum of Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court. ii. He shall appear before the Court as and when required. iii. He shall not threaten or allure the prosecution witnesses in whatsoever manner. iv. He shall not get involved in similar offences. v. He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 2 SL NO.: 5