- 1 - NC: 2025:KHC-K:1787 CRL.P No. 200479 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200479 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT. SHEELAVVA HUGAR W/O HANAMANTHA HUGAR, AGED ABOUT 36 YEARS, OCC: VILLAGE ADMINISTRATIVE OFFICER, R/O KODEKAL, TQ: HUNASAGI, DIST: YADGIRI. …PETITIONER (BY SRI GANESH NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH, NARAYANPURA POLICE STATION, DIST: YADGIRI, IT’S REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, AT KALABURAGI, DIST: KALABURAGI-07. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, PRAYING TO, ALLOW THE PETITION THERE BY DIRECTING THE RESPONDENT POLICE/NARAYANAPURA POLICE STATION, DIST: YADGIRI, TO ENLARGE THE PETITIONER ON Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1787 CRL.P No. 200479 of 2025 BAIL IN THE EVENT OF HER ARREST IN CRIME NO.10/2025, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409 AND 420 OF IPC, PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC COURT AT SHORAPUR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the accused seeking for anticipatory bail in Crime No.10/2025, registered by the Narayanapura Police Station for the offences punishable under Sections 406, 409 and 420 of Indian Penal Code. 2. It is the case of the prosecution that the petitioner was working as a village administrative officer from the date of her appointment. It is alleged against her that she had misused or misappropriated the amount of Rs.16,46,232/- which was required to be given to 36 farmers. After conducting an inquiry by the department, it is found that she had misappropriated the said amount. Hence, it was directed the village accountant to lodge a - 3 - NC: 2025:KHC-K:1787 CRL.P No. 200479 of 2025 complaint against the petitioner herein. Based on the instruction, the complainant lodged a complaint against the petitioner. Hence, the respondent/police have registered a case in Crime No.10/2025 for the offences stated supra. 3. Heard Sri Ganesh Naik, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. 4. It is the submission of the learned counsel for the petitioner that the petitioner had no intention to commit any misappropriation. The amount alleged to have been misappropriated was to be distributed to the farmers as a compensation. As per the oral administrative instructions of the higher officials, it was kept in the account for the purpose of distributing the same to the farmers. 5. It is further submitted that the petitioner had distributed the amount to 36 farmers. However, those - 4 - NC: 2025:KHC-K:1787 CRL.P No. 200479 of 2025 farmers were not coming within the jurisdiction. The said amount was distributed by mistake and thereafter it has been rectified and the said amount has been transferred to the concerned authority. 6. The petitioner is a permanent resident of Kodekal, Hunasagi Taluk and she will abide by the conditions that may be imposed by this Court in the event of her release on bail. 7. Per contra, learned High Court Government Pleader vehemently opposed the said submissions and he further submitted that the petitioner being the Government servant has misappropriated the amount which was required to be distributed to the farmers as a crop compensation. 8. It is further submitted that though she has deposited the entire amount, that cannot be absolved her from criminal prosecution. Therefore, it is not appropriate to grant bail. - 5 - NC: 2025:KHC-K:1787 CRL.P No. 200479 of 2025 9. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and also the FIR, as per the complaint averments, the petitioner had distributed the crop compensation to 36 farmers. Those farmers were not eligible to be compensated. 10. Be that as it may. The learned counsel for the petitioner made available the copy which shows that the petitioner had deposited the entire amount alleged to have been misappropriated by her. Having considered the same, it is appropriate to grant her bail by imposing suitable conditions. 11. Hence, I proceed to pass the following: ORDER The petition is allowed. The respondent/Police is directed to release the petitioner in the event of her arrest in Crime No.10/2025 registered by the Narayanapura Police Station, for the - 6 - NC: 2025:KHC-K:1787 CRL.P No. 200479 of 2025 offences punishable under Sections 406, 409 and 420 of IPC, pending before the Civil Judge and JMFC Court, Shorapur subject to the following conditions: (i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. (ii) The petitioner shall appear before the respondent/police for the purpose of investigation. (iii) The petitioner shall not threaten or tamper the prosecution witnesses. (iv) The petitioner shall appear before the Trial Court on all hearing dates without fail. Sd/- (S RACHAIAH) JUDGE RSP List No.: 1 Sl No.: 43 CT:PK