KAUK010016322025

IN THE COURT OF THE PRL. DISTRICT AND

SESSIONS JUDGE, KARWAR,U.K.
Present:
[Link] PRASANNA.B., B.A. LL.B.
[Link] & Sessions Judge,
Karwar (U.K).

Dated this the 20th day of December 2025.

Crl. Misc. No.412/2025

Petitioner/s 1. Sri Firoz Khan S/o. Rahim,

Age: 39 years, Occ: Service,
R/o: #8-126A/1, Firoz Manzil,
8th Block, Chokkabettu,
Surathkal, Mangalore,
Dakshin Kannada -575014.

2. Smt. Fathimath Zohara W/o. Firoz,

Age: 38 years, Occ: Household,
R/o: #8-126A/1, Firoz Manzil,
8th Block, Chokkabettu,
Surathkal, Mangalore,
Dakshin Kannada -575014.
(By Sri. [Link] Adv)
Vs.

Respondent/s 1. The State of Karnataka,

Rep. by Public Prosecutor,
Uttara Kannada, Karwar.

2. The P.S.I./I.O.
Kadra Police Station,Karwar.

(By Public Prosecutor,

Prl. District and Sessions Court,Karwar (U.K))
 2 Crl. Misc. No. 412/2025

ORDER
The present Bail Petition is filed by the Petitioners under

Section 482 of BNSS, for an Order of Anticipatory Bail in the

event of their arrest in [Link]. 595/2025 (Crime No.7/2023 of

Kadra P.S) on the file of [Link] Judge & JMFC, Karwar.

2. In the Bail Petition it is contended that, the

Petitioners are permanent resident of Chokkabettu, Surathkal

of Mangalore and they are husband and wife having small

children to look after. The Petitioners have not committed any

alleged crime but on suspicious circumstances, the crime is

registered against them. The investigation is already completed

and the witness statements have been recorded. Since the

Respondent No.2 Police have already filed the charge sheet, the

custodial interrogation of the Petitioners is not required. The

offences alleged are non bailable in nature. The Petitioners

strongly apprehend their arrest in the hands of Kadra Police

and hence the Petitioners have been constrained to file this

petition for anticipatory bail. The Petitioners undertake to co-

operate with the investigation and ready to appear before the

concerned I.O. and before the Court. They are ready to abide

by any conditions that may be imposed by this Court and

 3 Crl. Misc. No. 412/2025

ready to furnish surety. Inter-alia, on these grounds the

Petitioners pray for allowing of the bail Petition.

3. Whereas the learned Public Prosecutor in her

objection by reiterating the averments made in the Charge

sheet has contended that, the charge sheet has been already

filed by the I.O against the Petitioners for the offences

punishable under Sections 406, 420, 506 read with Section 34

of IPC. It is urged that the charge sheet material prima facie

shows that the Petitioners have committed the aforesaid

offences. No information has been received from the

Department regarding the validity of the Visa. The recording of

evidence of the witnesses is pending. The Petitioners are

residing at Goa State, if they are granted anticipatory bail, they

will not attend before the Court during trial. There is

possibility of Petitioners committing similar acts again and they

may tamper the prosecution evidence or they may threaten or

influence the prosecution witnesses and the possibility of the

Petitioners absconding themselves by violating the bail

conditions cannot be ruled out. Inter alia with these

contentions learned PP prays for rejecting of the Bail Petition.

 4 Crl. Misc. No. 412/2025

4. Heard counsel for Petitioners and learned PP.

Perused the material on record.

5. On the basis of material on record, the following

Points arise for my determination:-

1. Whether the Petitioners have made

out sufficient or reasonable grounds
to enlarge them on anticipatory bail
under Section 482 of BNSS?

2. What Order?

6. My findings on the above Points are as follows:

Point No.1 : In the Affirmative,

Point No.2 : As per final order, for the
following:

REASONS

7. Point No.1 :- The case of the prosecution in brief

as culled out from the Charge-sheet is that, the Accused

persons told the Complainant to make payment of Rs.80,000/-

each from him and his 9 friends through phone pay, google

pay and cash deposit machine by saying that they would make

arrangement to send him and his 9 friends to Dubai and

subsequently Accused persons cheated Complainant and his

friends thereby according to the prosecution Accused persons

have committed the offences punishable under Sections 406,

 5 Crl. Misc. No. 412/2025

420, 506 read with Section 34 of IPC. The Petitioners are

arraigned as Accused in the charge sheet.

8. The offences in respect of which Petitioners/Accused

persons seek anticipatory bail are not exclusively punishable

with death or imprisonment for life. Since the Respondent

Police have already filed the charge sheet, the custodial

interrogation of the Petitioners is not required.

9. Since the Petitioners have undertaken to co-operate

with the I.O, during investigation, even if the Petitioners are

granted with anticipatory bail, the I.O., can still hold

investigation.

10. It is presumed that the Accused persons are

innocent until the guilt is proved beyond all reasonable

doubts, in full fledged trial by the prosecution. Until then it is

not proper to put the Accused persons in jail as a

measurement of per-trial punishment.

11. It is settled position of law by the Catena of

decision of Hon’ble Apex Court and various High Court that

the bail is the rule and jail is an exception and securing the

presence of Accused for trial and protection of witnesses from

tampering are main consideration at the stage of granting bail.

 6 Crl. Misc. No. 412/2025

12. The Petitioners claim to be the permanent resident

of their address shown in the cause title of the Bail Petition. It

is urged that the Petitioners are ready and willing to furnish

surety to the satisfaction of this Court to ensure their

attendance before the I.O and the Court and they are also

ready to abide by any conditions imposed by Court. As such,

possibility of the abscondance of Petitioners is too remote.

13. The apprehension and interest of the prosecution

that the Petitioners may tamper with the prosecution

witnesses or they may abscond can be taken care and

safeguarded by imposing some suitable conditions. Hence by

considering all these aspects, I am of the opinion that the

Petitioners are entitled for Bail and accordingly, I answer the

above Point No.1 in the Affirmative.

14. Point No.2 :- In view of my findings on Point

No.1, I proceed to pass the following;

ORDER
The anticipatory Bail Petition filed by
the Petitioners under Section 482 of BNSS is
hereby allowed.

The Respondent No.2 is hereby directed

to release the Petitionera on anticipatory bail
in the event of arrest of Petitioners in Crime
 7 Crl. Misc. No. 412/2025

No.7/2023 of Kadra P.S., now pending on the

file of Addl. Civil Judge & JMFC-II, Karwar in
C.C. No. 595/2025 on execution of their
personal bond for Rs.1,00,000/- each with
two sureties for the like sum subject to the
following conditions.

1. The Petitioners shall execute personal

bond for Rs.1,00,000/- each with two
sureties for the like sum before the
concerned Court within 25 days from the
date of this order.

2. The Petitioners shall not tamper with the

prosecution evidence or influence the
prosecution witnesses directly or
indirectly in any manner.

3. The Petitioners and their surety shall

produce the authenticated documents of
their address proof before the concerned
Court.
(Dictated to the Stenographer directly on computer, corrected and
signed and pronounced by me in the open Court on this the 20 th day of
December, 2025).

(PARAMESHWARA PRASANNA.B.)
[Link] & Sessions Judge,
Karwar (U.K).
PARAMESHWARA Digitally signed by
PRASANNA B, PARAMESHWARA
PRASANNA B, PRL.
PRL. DISTRICT & DISTRICT & SESSIONS
SESSIONS JUDGE, U.K-KARWAR
JUDGE, U.K- Date: 2025.12.20
KARWAR 17:56:57 +0530