- 1 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103831 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: MEHABOOB @ ASHPAK A.DUNDSHI S/O. ALLABHAKSH DUNDSHI, AGED 42 YEARS, OCC. BUSINESS, RESIDENT OF TORAVI, T/Q. TORAVI, DIST. VIJAYAPURA, PIN CODE-586 108. …PETITIONER (BY SRI. SANDESH CHOUTA SR. COUNSEL FOR SRI. AVINASH M.ANGADI, ADVOCATE) AND: STATE OF KARNATAKA, THROUGH VIDYAGIRI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580 001. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (483 OF BNSS), PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.18 ON REGULAR BAIL IN SPL. C. NO.01/2025 PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD ARISING OUT OF CRIME NO.0251/2022 REGISTERED BY THE VIDYAGIRI POLICE Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 STATION, DHARWAD FOR THE OFFENCES PUNISHABLE 406, 409, 419, 420, 465, 467, 468, 471, 201, 204 R/W 34 OF IPC IN THE INTEREST OF JUSTICE. 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/accused No.18 has filed this Criminal Petition seeking regular bail in Crime No.251/2022 filed by the respondent – Police. 2. The case of the prosecution is that accused Nos.1 to 4 in furtherance of common intention to gain unlawfully joined their hands with accused Nos.5 to 11, obtained compensation for the second time on the same land in which the compensation had already been granted in the year 2011-12, 2012-13 and 2018. Thereby, they misappropriated a sum of Rs.19,99,55,000/- (Rupees Ninteen Crores Ninety Nine Lakhs Fifty Five Thousand Only) Therefore, a case came to be registered by the respondent - 3 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 – Police against all the accused persons. The Investigating Officer completed the investigation and submitted the charge-sheet. 3. The petitioner herein is arrayed as accused No.18 had approached this Court by filing a petition after having been filed the charge-sheet. This Court rejected the said bail petition on 15.04.2024. Again, one more petition was filed after additional charge-sheet was filed by the respondent – Police, the same came to be rejected on 19.02.2025. Again on 16.07.2025, the respondent – Police filed the additional charge-sheet. After filing of the charge-sheet, one more application was moved for bail before the Trial Court and the same was rejected. Hence, the present petition is filed seeking for regular bail. 4. Heard Sri. Sandesh Chouta, learned Senior Counsel for Sri. Avinash M. Angadi, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for State. - 4 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 5. Learned counsel for the petitioner submitted that, the case of the prosecution would indicate that 23 witnesses have been listed in the charge-sheet, out of 23 witnesses, C.W.18 to C.W.20 are the officials working in the Land Acquisition Department stating that compensation was distributed to the beneficiaries. However, the role of the present petitioner is not forthcoming in the statements. The entire case is based on documentary evidence. It contains voluminous documents. Moreover, no specific overt-act is attributed against the petitioner. Therefore, he may be enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 6. Per Contra, the learned High Court Government Pleader for State vehemently submitted that, there is specific overt-act attributed against the petitioner. This is the third successive bail application filed under no changed circumstances. Such being the case, it is not appropriate to grant the relief as prayed for. Making such submissions, the - 5 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 learned High Court Government Pleader for State prays to reject the petition. 7. Having heard the learned counsels for the respective parties and also perused the averments of the charge-sheet, it appears from the record that no doubt the present petition is filed for the third time on different occasions. The present petition is filed being aggrieved by the rejection of bail order of the appellant by the Trial Court. The petitioner is arrayed as accused No.18. The allegations made against him that he is the master mind behind obtaining the compensation for the second time to the land bearing Sy.Nos.150 and 154 situated at Mummigatti, Kotturu Village. Though, it is stated that he had fabricated and impersonated the original owners and obtained huge amount of compensation from the government. However, the method and manner in which the said documents were fabricated or forged has not been mentioned in the charge-sheet. - 6 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 8. It is needless to state that, mere making allegations is not sufficient to invoke the provisions as stated supra. Having considered the facts and circumstances of the case, it is appropriate to grant bail as prayed for. 9. Hence, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The petitioner is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- with one surety to the like sum of the satisfaction of the Trial Court. iii. The petitioner shall not indulge in any such activities or criminal cases till the disposal of this case. - 7 - HC-KAR NC: 2025:KHC-D:13903 CRL.P No. 103831 of 2025 iv. The petitioner shall appear the Trial Court on all hearing dates, without fail. Sd/- (S.RACHAIAH) JUDGE NM/CT: UMD/List No.: 1 Sl No.: 46