- 1 - HC-KAR NC: 2025:KHC-D:18223 CRL.P No. 104893 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104893 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: T. SURESH S/O. TIRTHAPPA, AGED ABOUT 52 YEARS, OCC. CIVIL CONTRACTOR, R/O. VIJAYANAGAR COLONY, NEAR CHURCH, 28TH WARD, GANGAVATHI, KOPPAL DIST.583227, (OLD ADDRESS) 16TH WARD, NEAR MARUTHI GAS COMPANY, GUNDAMMA CAMP, GANGAVATHI, KOPPAL DIST. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ITTIGI P.S H.B. HALLI TALUK, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO, ALLOW THE CRIMINAL PETITION AND ENLARGE PETITIONER/ACCUSED NO.4 ON REGULAR BAIL IN CONNECTION WITH ITTAGI P.S. CRIME NO.77/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 468 R/W SECTION 34 OF IPC ON THE FILE OF CIVIL JUDGE AND JMFC HAGARIBOMMANAHALLI AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18223 CRL.P No. 104893 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of regular bail in Crime No.77/2025 of respondent- police for the offences under Sections 406, 420, 468 read with Section 34 of the Indian Penal Code, 1860. Brief facts of the case: 2. The case of the prosecution is that, Basayya Hiremath used to assist the students to get admission in SSLC and PUC. The said Basayya Hiremath used to visit Kogali Tanda, as such, he got acquainted with the husband of the complainant. By taking advantage of the said friendship, it is alleged that, the said Basayya Hiremath and others are stated to have committed fraud against the complainant and her family members by way of drawing Rs.40,00,000/- as insurance amount on death of the husband of the complainant. - 3 - HC-KAR NC: 2025:KHC-D:18223 CRL.P No. 104893 of 2025 3. Based on the complaint, the respondent-police have registered a case in Crime No.77/2025 for the aforesaid offences and conducted investigation. The investigation is under progress. 4. Heard Sri.K.L.Patil, learned counsel for the petitioner and Sri.Jairam Siddi, learned High Court Government Pleader for respondent-State. 5. It is the submission of the learned counsel for the petitioner that, petitioner is arrayed as accused No.4. No overt act is attributed against the petitioner. A false case has been registered against the petitioner only on the ground that, the petitioner was present along with the accused Nos.1 and 2. 6. It is further submitted that, the alleged offences are neither punishable with death nor imprisoned for life. The petitioner will abide by the conditions imposed by this Court in the event of his release on bail. Making such - 4 - HC-KAR NC: 2025:KHC-D:18223 CRL.P No. 104893 of 2025 submissions, learned counsel for the petitioner prays to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent-State vehemently submitted that, the averments of the complaint would indicate the manner in which the accused No.1 and others had committed cheating on the complainant. The complainant being a widow, had been cheated by the petitioner and others. The legitimate amount of which she was in need had been taken away by accused No.1 and others by forging and creating a false document. Hence, it is not appropriate to grant bail to the petitioner. Making such submissions, learned High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the accused Nos.1 and 2 are stated to have committed cheating and also - 5 - HC-KAR NC: 2025:KHC-D:18223 CRL.P No. 104893 of 2025 created a false document in order to claim the insurance amount of the husband of the complainant. 9. On reading the averments of the complaint, the involvement of the present petitioner in committing the offence in my considered view appears to be unnatural. Therefore, it is appropriate to grant him bail by imposing suitable conditions. 10. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in Crime No.77/2025 of respondent-police for offences under Sections 406, 420, 468 read with Section 34 of the Indian Penal Code, 1860, on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. - 6 - HC-KAR NC: 2025:KHC-D:18223 CRL.P No. 104893 of 2025 (iii) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. (v) The petitioner shall not involve in any criminal cases till disposal of the case. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE RH/CT: UMD List No.: 1 Sl No.: 18