- 1 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14245 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: SMT. T.LALITHA W/O V.K.BASAVARAJU, AGED ABOUT 59 YEARS, RESIDING AT NO.39/1, I CROSS, RAM MOHAN PURAM, SRIRAMPURAM, BENGALURU, PIN-560 021. …PETITIONER (BY SRI. M.SHARASS CHANDRA, ADVOCATE) AND: THE STATE OF KARNATAKA BY: THE LOKAYUKTHA BENGALURU CITY PS, (REP. BY: THE SPP, HIGH COURT PREMISES, BENGALURU CITY -560001). …RESPONDENT (BY SRI. VENKATESH S ARABATTI, SPL. PP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) PRAYING TO GRANT RELIEF OF ANTICIPATORY BAIL TO THE PETITIONER AS SHE IS APPREHENDING ARREST AND ILLEGAL DETENTION BY THE KARNATAKA LOKAYUKTHA BENGALURU CITY POLICE STATION, IN CONNECTION WITH THE CRIME NO.45/2024 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 7-A, 13(1)(a) R/W 13(2) OF PROHIBITION OF Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 CORRUPTION ACT, 1988 (AMENDMENT-2018) AND SECTION 409, 417, 420, 465, 468 R/W 120B OF INDIAN PENAL CODE, PENDING ON THE FILE OF THE LEARNED XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (P.C.ACT) AT BENGLAURU CCH-24 AND FURTHER BE PLEASED TO RELEASE HER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST BASED ON THE ABOVE MENTIONED CRIME NUMBER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments of learned counsel for petitioner and learned Special Public Prosecutor appearing for respondent/Lokayukta Police. 2. Learned Special Public Prosecutor has filed statement of objections to the main petition as well as the application seeking interim bail. 3. Petitioner, apprehending her arrest in Crime No.45/2024 registered by Karnataka Lokayukta Police, Bengaluru City has preferred this petition seeking anticipatory bail, her similar petition having been - 3 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 dismissed by the learned Sessions Judge in Crl.Misc No.11322/2024 dated 19.12.2024. 4. FIR is registered against the petitioner and three more named accused and others for offences punishable under Section 409, 417, 420, 465, 468 r/w 120B of IPC and Section 7-A, 13(1)(a) r/w 13(2) of the Prevention of Corruption Act, 1988. 5. Sum and substance of the allegations are that the accused have committed huge financial fraud against the Government and misappropriated the grants released for various employment schemes undertaken for upliftment of poor, helpless, voiceless and the persons who are not having any employment. 6. The material on record would disclose that registration of FIR was the outcome of a complaint dated 08.08.2023 submitted to the Superintendent of Police, Bengaluru City, Karnataka Lokayuta by one Samruddi Bharatha Foundation (R). In the said complaint - 4 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 allegations are made regarding misuse of the funds granted under various schemes undertaken for the upliftment of weaker section of the Society etc., against several officials of BBMP, numbering 14. It appears that a preliminary enquiry was conducted after taking permission under Section 17 A of the PC Act from the Chief Commissioner of BBMP and based on the said report FIR was registered against the petitioner, then working as Assistant Revenue Officer (Welfare – west) in the office of the Joint Commissioner of BBMP at Sheshadripuram, Bengaluru City and three private persons and others. 7. Learned Special Public Prosecutor has contended that in the enquiry, the involvement of the petitioner along with others has come to light and therefore, the FIR is registered and investigation is taken up. He would contend that investigation is under progress and several documents are yet to be secured and witnesses are to be examined. Petitioner is absconding and therefore, if the relief of anticipatory bail is granted, - 5 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 she may thwart the investigation. He contended that there is a prima facie case against the petitioner and therefore, she is not entitled for the relief of anticipatory bail. 8. Learned counsel for petitioner would draw the attention of the Court to the two mahazars conducted by the Lokayukta Police, one in the residential premises of the petitioner and one Satyamurthy working as Deputy Controller, Finance, and another in the premises of the Office of Joint Commissioner, East Division, Sheshadripuram, conducted on 27.11.2024 to contend that inspite of conducting a raid, no incriminating materials are recovered/seized from the house of the petitioner. He would contend that certain records are recovered from the house of Satyamurthy but not from the petitioner. According to the learned counsel, petitioner has been targeted by leaving other officials named in the complaint including Satyamurthy, working as Deputy - 6 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 Controller, Finance, who has not been named as an accused in the FIR. 9. Learned counsel for petitioner has further contended that the petitioner has cooperated with the investigation when the raid was conducted in her house and she was very much present and the household articles etc., found in the house of the petitioner were returned to her as per mahazar. 10. I have perused the two mahazars dated 27.11.2024. The house of the petitioner was searched on the said date. As per the said mahazar no incriminating material, records pertaining to the case were seized from her house. The household articles and valuables found were left in the custody of the petitioner. 11. The prosecution is apprehending that if the petitioner is released on anticipatory bail, there is likelihood of destroying the documents and tampering with the prosecution witnesses. The allegations against the - 7 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 petitioner have to be proved in due course, notwithstanding that the allegations are serious in nature which are made against several officials of the BBMP including the petitioner, working as Assistant Revenue Officer (Welfare - West) in the office of Joint Commissioner of BBMP at Sheshadripuram. Unless there are strong materials placed on record to substantiate the allegations, the relief sought for anticipatory bail cannot be denied, particularly when there is no apprehension of petitioner fleeing from justice. She has undertaken to cooperate with the investigation of the case. Hence, by imposing necessary conditions, relief sought by the petitioner can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.45/2024 of Karnataka Lokayukta Police Station, Bengaluru City, is ordered to be released in the event of her arrest, subject to following conditions: - 8 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 a) She shall appear before the Investigating Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum. b) She shall furnish her residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) She shall cooperate with the investigation of the case and shall be available for the purpose of investigation whenever necessary. d) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) She shall be regular in attending the Court proceedings. - 9 - NC: 2025:KHC:4344 CRL.P No. 14245 of 2024 If the petitioner fails to cooperate with the investigation or violates any of the above condition, the prosecution is at liberty to seek cancellation of bail. I.A. is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 33 Ct:ra