Karnataka High Court
Wasim S/O Akaram Choudary vs The State Of Karnataka on 1 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:4905
CRL.P No. 100405 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100405 OF 2026
(438 OF Cr.PC/482 OF BNSS)
BETWEEN:
1. WASIM S/O. AKARAM CHOUDARY,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. SIRSI, KARIGUNDI ROAD,
MASTI AMMA NAGAR, SIRSI,
TAL. SIRSI, DIST.UTTARA KANNADA.
2. SMT. SAMEENA SHAIKH
W/O. WASIM CHOUDARY,
Digitally signed
AGE: 47 YEARS,
by
MALLIKARJUN
RUDRAYYA
KALMATH OCC: PRIMARY SCHOOL TEACHER,
Location: High
Court of
Karnataka,
Dharwad Bench
R/O. SIRSI, KARIGUNDI ROAD,
MASTI AMMA NAGAR, SIRSI,
TAL. SIRSI, DIST.UTTARA KANNADA.
3. RAVI S/O. DURGAPPA BARKI,
AGE: 39 YEARS,
OCC: PRIMARY SCHOOL TEACHER,
R/O.KANAKADAS ROAD, KAGINELE,
TAL. BYADAGI, DIST. HAVERI.
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NC: 2026:KHC-D:4905
CRL.P No. 100405 of 2026
HC-KAR
4. ANEESH S/O. MAHAMMADGOUS TAHSILDAR,
AGE: 31 YEARS, OCC: BUSINESS,
R/O. SIRSI, KARIGUNDI ROAD,
MASTI AMMA NAGAR, SIRSI,
TAL. SIRSI, DIST.UTTARA KANNADA.
...PETITIONERS
(BY SRI JAGADISH PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH HAVERI TOWN P.S., HAVERI,
NOW REP BY S.P.P.,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
BHARATIYA NAGARIK SURAKSHA SANHITA (U/S.438 OF THE
CODE OF CRIMINAL PROCEDURE, PRAYING TO GRANT
ANTICIPATORY BAIL TO THE PETITIONER NO.1 TO 4/ACCUSED
NO.1 TO 4 IN THE EVENT OF THEIR ARREST IN CRIME
NO.10/2026 BY THE RESPONDENT HAVERI TOWN POLICE
STATION HAVERI, REGISTERED FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTION 420 R/W. 34 OF IPC, ON THE FILE
OF SR. CIVIL JUDGE AND CJM, HAVERI, IN THE INTEREST OF
JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4905
CRL.P No. 100405 of 2026
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State.
2. This petition is filed by accused Nos.1 to 4 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (438 of Cr.P.C.) seeking to be enlarged on Anticipatory bail and praying for the following relief:
"WHEREFORE, it is respectfully prayed before this Hon'ble Court to grant Anticipatory Bail to the petitioner No.1 to 4/accused No.1 to 4 in the event of their arrest in Crime No.10/2026 by the respondent Haveri Town Police Station Haveri, registered for the alleged offences punishable under Section 420 R/w 34 of IPC, on the file of Sr.Civil Judge and CJM, Haveri in the interest of justice".
3. The brief case of the prosecution is that the petitioners received an amount of Rs.95,50,000/- from various persons, including the complainant, by making them believe that they would provide government jobs in various departments; however, they failed to provide such jobs. -4-
NC: 2026:KHC-D:4905 CRL.P No. 100405 of 2026 HC-KAR Hence, the complaint has been lodged for the aforesaid offences.
4. Learned counsel for the petitioners submitted that the transactions taken place between 07.10.2018 and 21.01.2021, whereas the complaint was filed on 21.01.2026. There is a delay of five years in lodging the complaint, and no reasons have been assigned for the delay. Furthermore, the investigation is based on documentary evidence; therefore, he prays for grant of anticipatory bail.
5. Learned HCGP for the State has opposed the petition and prayed for its dismissal.
6. In the complaint, it is alleged that the petitioners received an amount of Rs.95,50,000/- from various persons by representing that they would provide government jobs. As per the prosecution, the transactions taken place between the years 2018 to 2021, and the complaint is -5- NC: 2026:KHC-D:4905 CRL.P No. 100405 of 2026 HC-KAR lodged on 21.01.2026. There is a delay of five years in lodging the complaint.
7. Further, the amount stated in the complaint is alleged to have been received not only from the complainant but also from various other persons. It is submitted that such other persons have not lodged any complaint. Therefore, without expressing any opinion on the merits of the case, this Court is of the opinion that the petitioners have made out grounds for grant of anticipatory bail.
8. Accordingly, the following:
ORDER i. The petition is allowed.
ii. The petitioners/accused Nos.1 to 4 are enlarged on bail in the event of their arrest in connection Crime No.10/2026, registered by Haveri Town PS, for the offences punishable under Sections 420 read with section 34 of IPC, subject to the following conditions:-6-
NC: 2026:KHC-D:4905 CRL.P No. 100405 of 2026 HC-KAR a. The petitioners/accused Nos.1 to 4 shall appear before the trial Court and shall seek for bail within ten days from the date of receipt of a copy of this order.
b. The petitioners/accused Nos.1 to 4 shall execute a personal bond for a sum of Rs.1,00,000/- each along with one surety for the like sum to the satisfaction of the Trial Court.
c. The petitioners/accused Nos.1 to 4 shall not indulge in the same offence or any other criminal offences.
d. The petitioners/accused Nos.1 to 4 shall not leave the jurisdiction of the Trial Court without prior permission of the Court.
e. The petitioners/accused Nos.1 to 4 shall not tamper and threaten the prosecution witnesses in any manner.
f. The petitioners/accused Nos.1 to 4 shall mark their attendance before the concerned police station on every -7- NC: 2026:KHC-D:4905 CRL.P No. 100405 of 2026 HC-KAR Saturday between 11.00 a.m. to 02.00 p.m till completion of trial.
g. The petitioners/accused Nos.1 to 4 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.
h. Violation of any one of the conditions shall entitle the prosecution to seek cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 2 Sl No.: 15