Kodi Nagesh Kamath Vs State by

KODI NAGESH KAMATH, AGED ABOUT 52 YEARS, S/O UMANATH KAMATH RESIDING AT 3/7, LAKSHA DHINI SRI RAMA NAGAR, KODI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576 217.

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…PETITIONER

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(BY SRI. K PRASANNA SHETTY, ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High Court of Karnataka

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STATE BY KUNDAPURA POLICE STATION, UDUPI DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 560 001.

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(BY SRI. WAHEEDA M.M, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.28/2025 REGISTERED BY RESPONDENT POLICE, PENDING ON THE FILE OF 1st ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, KUNDAPURA, FOR THE OFFENCES P/U/S 341(1), 341(2), 318(4) OF THE BNS, 2023.

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

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NC: 2025:KHC:18605 CRL.P No. 5284 of 2025

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HC-KAR

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in Crime No.28/2025 which was registered by

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Kundapura Police Station, Udupi District for the offences punishable under Section 341(1), 341(2), 318(4) of Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of regular bail.

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Heard learned counsel for the parties.

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FIR in Crime No.28/2025 was registered by Kundapura Police Station, Udupi District for the aforesaid offences against the petitioner herein based on the first information dated 28.02.2025, received from Nanjanaik N., Police Officer of Kundapura Police Station, Udupi District. During the course of investigation, petitioner was arrested on 28.02.2025 and subsequently, remanded to judicial custody. Petitioner had filed bail application in Crl.Misc.No.592/2025 before the jurisdictional Sessions

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3 - NC: 2025:KHC:18605 CRL.P No. 5284 of 2025

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HC-KAR

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Court and was rejected on 27.03.2025. Therefore, accused is before this Court.

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Learned counsel for the petitioner submits that petitioner was arrested in Crime No.28/2025 registered by the very same police station and after he was enlarged on bail in the said case a false case has been registered against him alleging that certain seals, rubber stamps etc., of the Sub Registrar office, Gram Panchayat Office, Bijjahalli, D.C. Office, Udupi were found in his office. He further submits that though Section 318(4) was initially invoked in the FIR, in the charge sheet, which is now filed against the petitioner the said offence has been dropped. Petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Accordingly, petitioner prays to allow this petition.

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Per contra, learned High Court Government Pleader opposes the petition on the ground that petitioner is a habitual offender and he is involved in five other

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4 - NC: 2025:KHC:18605 CRL.P No. 5284 of 2025

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HC-KAR

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criminal cases. She further submits that in the event, the petitioner is enlarged on bail; he is likely to indulge in committing similar offences and accordingly, prays to dismiss the petition.

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In the first information which is submitted by Sub Inspector of Police, Kundapura Police Station which has resulted in registering FIR in the present case against the petitioner for the aforesaid offences, it is stated that first informant had received credible information that petitioner was in possession of duplicate rubber stamps, seals, etc., belonging to various Government offices and by using the same, he was issuing fraudulent documents to the public and based on the said information, after obtaining a search warrant from the jurisdictional Court, a raid was conducted on 28.02.2025 to the premise belonging to the petitioner and from the said premises, 22 seals and rubber stamps belonging to the Government Offices were recovered.

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5 - NC: 2025:KHC:18605 CRL.P No. 5284 of 2025

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HC-KAR

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Material on record would go to show that petitioner is involved in five other criminal cases registered by the very same police station and the last criminal case registered against the petitioner is in Crime No.18/2025 by the very same police station. According to learned counsel for the petitioner, in the said case, the allegation is that petitioner and other accused persons impersonated and created fraudulent documents.

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Undisputedly, in the present case, there was no complaint from the public against the petitioner and it is only based on credible information, raid was conducted and seals and rubber stamps belonging to various Government offices have been seized. According to the prosecution, the aforesaid seals were used by the petitioner for committing the crime in earlier criminal cases which were registered against him.

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6 - NC: 2025:KHC:18605 CRL.P No. 5284 of 2025

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HC-KAR

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Be that as it may, investigation in the case is completed and charge sheet filed against the petitioner and the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023 is dropped in the charge sheet. The alleged offences in the charge sheet are triable

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by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of seven years. However, taking into consideration, that the petitioner is a person with criminal antecedents, which granting regular bail to him in the present case, appropriate conditions needs to be imposed which can take care of the apprehension expressed by the learned High Court Government Pleader. Accordingly, the following:

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ORDER

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The petition is allowed . The petitioner is

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directed to be enlarged on bail in Crime No.28/2025 registered by Kundapura Police Station, Udupi

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NC: 2025:KHC:18605 CRL.P No. 5284 of 2025

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HC-KAR

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District for the offences punishable under Sections 341(1), 341(2), 318(4) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) Petitioner shall appear before the Station House Officer of Kundapura Police Station on every alternative Sunday of the month between 10.00 a.m. and 1.00 p.m. and mark his attendance regularly till the case registered against him is disposed of.

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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HC-KAR

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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KAV List No.: 1 Sl No.: 41 CT: BHK

Kodi Nagesh Kamath v. State by

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Kodi Nagesh Kamath v. State by

Case brief

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