Shri. Mahesh S/O Bhaskaracharya Kanchagar Vs the… — Cheating and Forgery | Karnataka HC (2025)

Shri. Mahesh S/O Bhaskaracharya Kanchagar Vs the… — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; petitions disposed of on the memo recording the B report; liberty reserved to the petitioner to challenge the B report dated 25.01.2025 in accordance with law.

Issue for consideration

Whether the bail granted to respondent Nos. 2 to 7 (accused Nos. 1 to 6) in Crime No.135/2024 of Haveri Town Police Station ought to be cancelled and the order dated 12.09.2024 in Crl.Misc No.795/2024 set aside. +3 more

Ratio / Principle

Placing on record the memo filed by learned counsel for respondent Nos. 2 to 7 (recording that the police have filed a B report in Crime No.135/2024 against them), the petitions stand disposed of.

Key takeaways

The petitioner is at liberty to challenge the B report in accordance with law.ratio¶66
The petitions were taken up at the orders stage and disposed of on the memo alone; no findings were recorded on the merits of the bail-cancellation prayers.ratio¶57

Detailed headnote1 paragraphs

Criminal Petitions (CRL.P Nos. 103672, 103676 and 103677 of 2024) under Section 483(3) of BNSS, 2023 (corresponding to the 439(2) Cr.PC jurisdiction noted in the cause title) filed by Mahesh s/o Bhaskaracharya Kanchagar seeking cancellation of anticipatory bail granted to respondent Nos. 2 to 7 (accused Nos. 1 to 6), Accused No. 7 (Nagaraj H.D.) and Accused No. 8 (Ramakrishna L.) in Crime No.135/2024 of Haveri Town Police Station, registered for offences under Sections 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B r/w Section 34 IPC, and setting aside of the bail orders dated 12.09.2024 (Crl.Misc No.795/2024) and 07.10.2024 (Crl.Misc.Nos.843 and 844 of 2024) passed by the Principal District and Sessions Judge, Haveri. When the matters came up for orders, counsel for respondent Nos. 2 to 7 filed a memo recording that the police had filed a B report dated 25.01.2025 against those respondents. The High Court (V. Srishananda, J.), by order dated 04-03-2025, placed the memo on record, disposed of the petitions, and reserved the petitioner's liberty to challenge the B report in accordance with law. No findings were recorded on the merits of the cancellation prayers and no precedent was cited.

NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 4^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION NO. 103672 OF 2024 (439(2)(Cr.PC)/483(3)(BNSS))

C/W

CRIMINAL PETITION NO. 103676 OF 2024

CRIMINAL PETITION NO. 103677 OF 2024

IN CRL.P.NO.103672-2024:

BETWEEN:

SHRI MAHESH S/O. BHASKARACHARYA KANCHAGAR, AGE: 36 YEARS, OCC. LAND DEVELOPER, R/O. CHIKKERUR, TQ. HIREKERUR, AT PRESENT: BHEERALINGESHWAR NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115.

Digitally signed by V N BADIGER (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) Location: HIGH COURT OF AND: KARNATAKA

…PETITIONER

THE STATE OF KARNATAKA BY ITS P.S.I., HAVERI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

GAUTAM S/O. TEEKAMCHAND JAIN, AGE: 45 YEARS, OCC. BUSINESS, R/O. RANGANATH NAGAR, NEAR LAXMIDEVI TEMPLE, RANEBENNUR, DIST. HAVERI-581115.

MEENABAI W/O. MAHENDRAKUAR JAIN,

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NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024

AGE: 50 YEARS, OCC. HOUSEHOLD WORK, R/O. RANGANATH NAGAR, BEHIND SANGAM TALKIES, RANEBENNUR, DIST. HAVERI-581115.

BHARATH S/O. TIKAMCHAND JAIN, AGE: 53 YEARS, OCC. BUSINESS, R/O. RANGANATH NAGAR, NEAR LAXMIDEVI TEMPLE, RANEBENNUR, DIST. HAVERI-581115.

SUVITH S/O. BHARAT JAIN, AGE: 29 YEARS,, OCC. BUSINESS, R/O. RANGANATH NAGAR, BEHIND SANGAM TALKIES, RANEBENNUR, DIST. HAVERI-581115.

MAHENDRAKUMAR S/O. MANMAL DAYAJI JAIN, AGE: 55 YEARS, OCC. BUSINESS, R/O. RANGANATH NAGAR, BEHIND SANGAM TALKIES, RANEBENNUR, DIST. HAVERI-581115.

MAHENDRAKUMAR S/O. VANECHAND JAIN, AGE: 48 YEARS, OCC. BUSINESS, R/O. NO. 610, BINNI COMPANY ROAD, DAVANAGERE, DIST. DAVANAGERE-577001.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI PRUTHVIRAJ P. HITTALAMANI, ADVOCATE FOR R2-R7)

THIS CRIMINAL PETITION IS FILED UNDER SECTION UNDER SECTION 483(3) OF BNSS, 2023, SEEKING TO SET-ASIDE ORDER DATED 12.09.2024 IN CRL.MISC NO.795/2024 (CRIME NO.135/2024 OF HAVERI TOWN P.S.) BY COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR OFFENCES PUNISHABLE UNDER SECTIONS 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B R/W. SECTION 34 OF IPC AND TO CANCEL THE BAIL GRANTED TO THE 2^ND TO 7^TH RESPONDENTS HEREIN/ACCUSED NOS. 1 TO 6 RESPECTIVELY IN CRIME NO.135/2024 OF HAVERI TOWN P.S.

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NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024

IN CRL.P.NO.103676-2024:

BETWEEN:

SHRI MAHESH S/O. BHASKARACHARYA KANCHAGAR, AGE: 36 YEARS, OCC. LAND DEVELOPER, R/O. CHIKKERUR, TQ. HIREKERUR, AT PRESENT: BHEERALINGESHWAR NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115.

…PETITIONER

(BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS P.S.I., HAVERI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

RAMAKRISHNA L.

AGE: 58 YEARS, OCC. GOVT SERVANT, R/O. SENIOR SUB REGISTRAR, OKIPB ROAD, DAVANAGERE, TQ. AND DIST DAVANAGERE-577001.

…RESPONDENTS

(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 483 (3) OF BNSS, SEEKING TO SET-ASIDE ORDER DATED 07.10.2024 IN CRL.MISC.NO.844/2024 (CRIME NO.135/2024 OF HAVERI TOWN P.S.) BY THE COURT OF PRL.DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR OFFENCES PUNISHABLE UNDER SECTIONS 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B, R/W. SECTION 34 OF IPC AND CANCEL THE BAIL GRANTED TO THE 2^ND RESPONDENT HEREIN/ACCUSED NO.8 IN CRIME NO.135/2024 OF HAVERI TOWN P.S.

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NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024

IN CRL.P.NO.103677-2024:

BETWEEN:

SHRI MAHESH S/O. BHASKARACHARYA KANCHAGAR, AGE: 36 YEARS, OCC. LAND DEVELOPER, R/O. CHIKKERUR, TQ. HIREKERUR, AT PRESENT: BHEERALINGESHWAR NAGAR, RANEBENNUR, TQ. RANEBENNUR, DIST. HAVERI-581115.

…PETITIONER

(BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS P.S.I., HAVERI TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

NAGARAJ H.D. S/O. H.DURGAPPA, AGE: 55 YEARS, OCC. BUSINESS, R/O. NIJALINGAPPA BHADAVANE, 3^RD MAIN DAVANAGERE, TQ. AND DIST. DAVANAGERE-577001.

…RESPONDENTS (BY SMT.GIRIJA S. HIREMATH, HCGP FOR R1; SRI SRINAND A. PACHCHAPURE, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 483(3) OF BNSS, SEEKING TO SET-ASIDE ORDER DATED 07.10.2024 IN CRL.MISC.NO.843/2024 (CRIME NO.135/2024 OF HAVERI TOWN P.S.) BY THE COURT OF PRL.DISTRICT AND SESSIONS JUDGE, AT HAVERI FOR OFFENCES PUNISHABLE UNDER SECTIONS 307, 329, 330, 331, 348, 359, 420, 463, 466, 120-B, R/W. SECTION 34 OF IPC AND CANCEL THE BAIL GRANTED TO THE 2^ND RESPONDENT HEREIN/ACCUSED NO.7 IN CRIME NO.135/2024 OF HAVERI TOWN P.S.

NC: 2025:KHC-D:4223 CRL.P No. 103672 of 2024 C/W CRL.P No. 103676 of 2024 CRL.P No. 103677 of 2024

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Learned counsel for respondent Nos.2 to 7 has filed a

memo for production of document. Memo reads as under:

“The respondent Nos.2 to 7 begs to submit as under:

It is submitted that; the respondent No.1 police have filed the B report in Crime No.135/2024 as against the present respondents No.2 to 7. The respondents were released on anticipatory bail in connection with Crime No.135/2024 for offences punishable under Section 307, 329, 330, 331, 348, 359, 420, 463, 466, 120B R/w Section 34 of IPC. Hence, the respondents No.2 to 7 seeks the leave of this Hon’ble Court to produce the B report dated 25.01.2025, for kind perusal of this Hon’ble court, in the interest of justice.”

Placing the memo on record, petition stands disposed

of .

However, the petitioner is at liberty to challenge the B

report in accordance with law.

Sd/(V.SRISHANANDA)

JUDGE

KAV CT:PA List No.: 1 Sl No.: 10