- 1 - NC: 2025:KHC-D:7195 CRL.P No. 101870 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF MAY 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA CRIMINAL PETITION NO.101870 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SIDRAM S/O. MUTTAPPA JANGAMASHETTI, AGE: 37 YEARS, OCC: REVENUE OFFICER, R/O: ADAVI SANGAPUR, TQ: BABALESHWAR, DIST: BAGALKOT, NOW AT ARKERI, TQ: BILAGI, DIST: BAGALKOT – 587 116. …PETITIONER (BY SRI. R. M. JAVED, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH SAVALAGI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD – 580 001. …RESPONDENT (BY SMT. GIRIJA HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS /438 OF CRPC SEEKING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH SAVALAGI POLICE CRIME NO 34/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 314, 316(4), 316(5), 318(4), 336(3) OF BNS ON SUCH TERMS, AND CONDITIONS THAT THIS HON’BLE COURT MAY BE PLEASE TO IMPOSE IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA VISHAL NINGAPPA PATTIHAL HIGHCOURT OF KARNATAKA DHARWAD BENCH 2025.05.17 15:06:05 +0530 - 2 - NC: 2025:KHC-D:7195 CRL.P No. 101870 of 2025 ORAL ORDER This petition is filed under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 [‘BNSS’ for short] (438 Cr.P.C.) seeking anticipatory bail in connection with Crime No.34/2025 registered for offences punishable under Sections 314, 316 (4), (5), 318 (4), 336 (3) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short). 2. The case of the prosecution is that the petitioner in the capacity of Village Administrative Officer, facilitated the inclusion of 119 ineligible farmers in a Government Relief List prepared during the 2024 Krishna River Flood Relief Scheme, resulting in an alleged loss of Rs.19,18,450/- to the State exchequer. 3. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated. His role was ministerial, limited to forwarding list prepared by the Technical Secretary and PDO to the Tahsildar, and - 3 - NC: 2025:KHC-D:7195 CRL.P No. 101870 of 2025 he had no authority to modify or approve the list of beneficiaries. 4. It is further submitted that the list passed through various hierarchical approvers and the petitioner is being made a scapegoat while sparing the actual decision makers. It is submitted that the petitioner undertakes to cooperate with the investigation and is willing to abide by any conditions imposed by this Court. 5. Learned HCGP for the State opposes the petition, contending that the offence involves misuse of official position and loss to public funds, and seeks custodial interrogation. 6. Upon consideration of the record and submissions made on either side, this Court is of the view that the petitioner has made out a prima facie case for grant of anticipatory bail, for the following grounds: i. The material on record indicates that the petitioner, being the Village Administrative Officer, - 4 - NC: 2025:KHC-D:7195 CRL.P No. 101870 of 2025 had purely ministerial and forwarding role in the administrative hierarchy. He is neither the author nor the approving authority of the relief beneficiary list. The preparation and approval of the said list were undertaken by the Technical Secretary in consultation with Panchayath Development Officer (PDO) and final processing was conducted by the Tahsildar. ii. There are no specific or direct allegations demonstrating the petitioner was personally involved in the fabrication or falsification of the beneficiary list. The prosecution has not placed cogent material indicating intentional fraud or personal gain, which are essential ingredient for the offences alleged under Sections 314, 316 (4), (5), 318 (4), 336 (3) of the BNS, 2023. iii. The petitioner is a permanent government servant with no criminal antecedents and express his - 5 - NC: 2025:KHC-D:7195 CRL.P No. 101870 of 2025 willingness to comply with all the conditions imposed by the Court. iv. There is no apprehension that he will abscond, tamper with the evidence or influence witness. v. The petitioner appears to have been singled out for alleged procedural lapses, despite the existence of multi-tiered administrative structure through which the relief proposals were vetted. 7. In this view of the matter, this Court deems it appropriate that the petitioner is entitled for anticipatory bail in the event of his arrest subject to the following conditions: ORDER i. The petitioner shall execute a bond of Rs.50,000/- with two sureties of likesum to the satisfaction of the trial Court. - 6 - NC: 2025:KHC-D:7195 CRL.P No. 101870 of 2025 ii. The petitioner shall appear before the investigating officer as and when required and shall further co-operate with the investigation. iii. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness, including complainant and his family, nor attempt to tamper with the evidence in any manner. iv. The petitioner shall not involve in similar or any other offence. v. The petitioner shall not leave the jurisdiction of the trial Court. _________sd/-________ JUSTICE K.S.HEMALEKHA MBM CT-ASC List No.: 1 Sl No.: 18