- 1 - NC: 2025:KHC-K:2520 CRL.P No. 200640 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200640 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: VEERESH S/O SHEKHARAPPA KHENED, AGE:44 YEARS, OCC: DATA ENTRY OPERATOR, R/O. BEHIND SOHANKUMAR PETROL BUNK, BAZAAR AREA, MASKI, TQ. MASKI, RAICHUR-584122. …PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, BENCH AT KALABURAGI-585102, (THROUGH LINGASUGUR PS, DIST. RAICHUR). …RESPONDENT (BY SRI GOPALKRISHNA B.YADAV, HCGP) THIS CRL.P. IS FILED U/S 483 OF BNSS,2023 PRAYING TO GRANT THE REGULAR BAIL TO THE PETITIONER IN LINGASUGUR P.S IN CRIME NO.44/2025 FOR THE OFFENCE PUNISHABLE U/S 336(3), 318(4), 316(5) OF BNS-2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR., DN.,) AND JMFC AT LINGASUGUR. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2520 CRL.P No. 200640 of 2025 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) The petitioner who is accused No.2 has approached this Court seeking regular bail in Crime No.44/2025 registered by Lingasugur Police Station for the offences punishable under Sections 336(3), 318(4), 316(5) of BNS, 2023 pending on the file of the Principal Civil Judge (Junior Division) and JMFC Lingasugur. 2. Factual matrix of the case: The Tahsildar, Lingasugur, lodged a complaint stating that accused No.1-Yallappa who was working as Second Division Assistant and accused No.2 who was working as Data Entry Operator are stated to have committed misappropriation, forgery and cheated the Government. Based on the complaint, the respondent-Police have registered case and the investigation is under progress. - 3 - NC: 2025:KHC-K:2520 CRL.P No. 200640 of 2025 3. Heard Sri.Mahantesh Patil, learned counsel for the petitioner and Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for the respondent – State. 4. It is the submission of the learned counsel for the petitioner that the petitioner stated to be working as Computer Operator/Data Entry Operator and the allegations made against him was that he had created CTC and used to assist accused No.1 to commit the offence of cheating, forgery etc. However, as per the averments of the complaint, the entire allegations are made against accused No.1. Accused No.1 being a Second Division Assistant was instructing accused No.2 who was working as Data Entry Operator and there was no intention to the petitioner either to commit forgery or cheating to the Government. In fact, the petitioner was not aware about the said misappropriation. 5. It is further submitted that the petitioner has been falsely implicated in this case. He was aged about 44 years and he is the only earning member in the family. He - 4 - NC: 2025:KHC-K:2520 CRL.P No. 200640 of 2025 is a permanent resident of Maski. The petitioner is ready to abide the conditions that may be imposed by this Court in the event of release of the petitioner on bail. Making submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently submitted that accused No.2 facilitated accused No.1 in committing the forgery, fraud and also misappropriation by creating false or fake CTC. Though it appears that the Investigating Officer have seized or freezed the account of accused No.1 and his family members, the fact remains that, investigation is under progress. The petitioner who was working as Data Entry Operator had assisted accused No.1, if he is released on bail, there may be chances of tempering the documents. Therefore, it would not be appropriate to grant him bail. Making such submissions, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the - 5 - NC: 2025:KHC-K:2520 CRL.P No. 200640 of 2025 complaint, it appears that accused No.1 is stated to have committed misappropriation by diverting the funds to the accounts of his family members and also to his personal account. Though there are allegations that the petitioner was working as Data Entry Operator and forged CTC and assisted accused No.1 to commit fraud to the Government, the fact remains that, the offences alleged against the petitioner are neither punishable with death not imprisonment for life. If the petitioner is released on bail by imposing suitable conditions, the apprehension expressed by the prosecution would be met. 8. On careful reading of the averments of the complaint, though petitioner being accused No.2, assisted accused No.1, without adverting to the merits of the case, I proceed to pass the following: ORDER The Criminal Petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.44/2025 registered by Lingasugur Police Station - 6 - NC: 2025:KHC-K:2520 CRL.P No. 200640 of 2025 pending on the file of Principal Civil Judge (Jr., Dn.,) and JMFC, Lingasugur, for the offences punishable under Sections 336(3), 318(4), 316(5) of BNS, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Trial Court, on the following conditions: i. The petitioner shall not threaten the prosecution witnesses and tamper the documents. ii. The petitioner shall co-operate with the investigation and shall mark his attendance before the respondent-Police Station on every Saturday between 10.00 a.m., and 5.00 p.m., till filing of the charge sheet. iii. The petitioner shall appear before the Trial Court on all the hearing dates without fail. iv. The petitioner shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 7/CT:PK