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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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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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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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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.
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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
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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:
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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
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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
