(1.) This petition under Sec. 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) is seeking for anticipatory bail in Crime no.131/2024 of APMC Navanagar Police Station Hubballi for offences punishable under Ss. 506, 34, 504, 406, 420, 465, 468, 471, 417 of Indian Penal Code ('IPC' for short) by accused no.5 to 7 (petitioners).
(2.) Sri M.A.Pathan, advocate appearing for Sri A.A. Pathan, learned counsel for petitioners submitted that petitioners ' accused no.5 to 7 were businessmen and permanent residents of Bagalkote/Navanagar, Hubballi respectively, having deep roots in society. They were law abiding citizens and though did not commit any offence, they were apprehending arrest for non-bailable offences, in view of registration of Crime no.131/2024 (supra) arraigning them as accused no.5 to 7, based on false allegations and with intent to spoil their reputation.
(3.) It was submitted, even in complaint filed by Anita Vaidya (complainant) on 24/12/2024, it was stated that since year 2014, along with her husband, she was into catering business by name 'Sri Caterings'. And when Smt.Poornima approached them for work, she was taken as helper. While working, she became close to them and with malafide intention of taking away gold, silver and money lying in house of complainant and her bank account, she gathered information and began creating rift between complainant and her husband. And with intention to cheat them, she acted close to him. She also used to indulge in handsigns, smiling etc in order to gain control over him. On noticing, complainant had warned her. But, Poornima went on to have affair with complainant's husband. And after confronting them both about their affair and finding that same was mutual, she became sad and leaving behind about 150 grams of gold jewelry valued about Rs.7,00,000.00, 2 Kgs. of silver valued at Rs.1,20,000.00 and passbook and cheque book of her Bank Acc. no.89066951028 with KVG Bank, Navanagar Branch, behind in her house, she began residing in separate house in Navanagar along with her children.