- 1 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102648 OF 2025 (438(Cr.PC)/482(BNSS)-) BETWEEN: 1. FAKEERAPPA S/O. ANALEPPA HYATI, AGE: 42 YEARS, OCC: BILL COLLECTOR IN GRAM PANCHAYATH, R/O: MUSHTOOR, TQ: KARATAGI-583229 DIST: KOPPAL. 2. GNYANESH S/O. BASAPPA AGE: 35 YEARS, OCC: PEON, R/O: WARD NO. 2, NEAR PANCHAYATH MUSHTOOR-583229 TQ: KARATAGI, DIST: KOPPAL. 3. POTARAJA S/O. SOMAYYA SALLANGI AGE: 59 YEARS, OCC: WATERMAN, R/O: ANJURI CAMP MUSHTUR 583229 TQ: KARATAGI, DIST: KOPPAL. …PETITIONERS (BY SRI. NEELENDRA GUNDE AND SRI. HANUMESH M. DESAI, ADVS.) AND: STATE OF KARNATAKA BY CEN POLICE STATION KOPPAL, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD 580001. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. (482 OF BNSS), PRAYING TO GRANT HIM ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE TO RELEASE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN THE CRIME NO-17/2017 OF CEN POLICE STATION KOPPAL, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION U/S.409,468, 420, 120B, IPC., AND NOW IT IS PENDING BEFORE CIVIL JUDGE AND JMFC COURT KOPPAL IN C.C.NO-76/2025. RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.5 to 7 in C.C.No.76 of 2025 pending before the Court of Additional Civil Judge and JMFC, Koppal arising out of Crime No.17 of 2017 registered by C.E.N. Police Station, Koppal for offences punishable under Sections 403, 406, 409, 420, 471, 477A of the Indian Penal Code, are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.17 of 2017 was registered by C.E.N. Police Station, Koppal for the aforesaid offences against Doddabasanagouda S/o Linganagouda based on the first information received from Hanumanthappa S/o Babanna Kambar, who is now arrayed as accused No.1 in the charge sheet. After completing investigation in the case, charge sheet was filed against 7 persons and - 3 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 petitioners herein are arrayed as accused Nos.5 to 7 in the charge sheet. Since non-bailable warrant was issued against them by the learned Magistrate after the charge sheet was filed, petitioners had filed anticipatory bail application before the Court of Principal District and Sessions Judge, Koppal in Criminal Misc.No.157 of 2025, which was rejected on 10.06.2025. Therefore, petitioners are before this Court. 4. Learned counsel for the petitioners submits that accused No.5 is working as a bill collector, accused No.6 is working as a peon, and accused No.7 is working as a waterman in the Grama Panchayath. Accused Nos.1 and 4, who are working as Panchayat Development Officers have been granted anticipatory bail by this Court, and accused Nos.2 and 3 have been granted regular bail by the Court of Magistrate. Investigation of the case is already completed. At the stage of investigation, the police have not summoned the petitioners for enquiry, nor was any - 4 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 attempt made to arrest them. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. Allegation in the first information which was filed by accused No.1 is that, during the years 2016-17 and 2017-18, a total sum of ₹ 46,82,000/- was found to be misappropriated in the Panchayath and it is under these circumstances, FIR was initially registered against accused No.3, who was working as a computer operator in the Panchayath. During the course of investigation, accused Nos.2 and 3 were arrested and they were released on regular bail. Accused Nos.1 and 4 have been granted anticipatory bail by this Court. In Criminal Petition No.100278 of 2019 allowed on 08.03.2019, wherein anticipatory bail is against to accused No.4, this Court has taken note of the fact that name of accused No.4 was not found in the FIR, and as on the date of he filing anticipatory bail application, he had already repaid the - 5 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 amount of ₹3,38,000/-, which allegedly was misappropriated by him. 7. Learned counsel for the petitioners has made a submission before this Court that even the petitioners have repaid the amount allegedly misappropriated by them. It is not in dispute that name of the petitioners is not found in the FIR. Investigation of the case is completed and charge has been filed. Petitioners are the employees of Gram Panchayath and during the course of investigation police had not made any attempt either to arrest them or to summon them for the purpose of investigation. It is only since the learned Magistrate has issued non-bailable warrant against the petitioners, they apprehend arrest in the present case. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered in the affirmative. Accordingly, the following: ORDER i. Petition is allowed. - 6 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 ii. The respondent – Police or any other Police in the State of Karnataka are directed to release the petitioners in the event of their arrest in C.C.No.76 of 2025 pending before the Court of Additional Civil Judge and JMFC, Koppal arising out of Crime No.17 of 2017 registered by C.E.N. Police Station, Koppal for offences punishable under Sections 403, 406, 409, 420, 471, 477A of the Indian Penal Code, subject to the following conditions: a. The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer. - 7 - HC-KAR NC: 2025:KHC-D:9979 CRL.P No. 102648 of 2025 b. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. d. The petitioners shall not involve in similar offences in future. SD/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:ANB List No.: 1 Sl No.: 24