- 1 - HC-KAR NC: 2025:KHC:40205 CRL.P No. 13816 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13816 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: BALACHANDRA. D. N. S/O NARAYANAPPA D B, AGED ABOUT 47 YEARS, R/AT BANASHANKARI STREET KOTE, HOSADURGA, CHITRADURGA - 577527. …PETITIONER (BY SRI ARUN G, ADVOCATE) AND: STATE BY MALLESHWARAM POLICE STATION BANGALORE 560003 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE …RESPONDENT (BY SMT. PUSHPALATHA B ADDL.SPP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) TO ALLOW THE ANTICIPATORY BAIL PETITION BY DIRECTING THE RESPONDENT / MALLESHWARAM P.S. TO RELEASE THE PETITIONER / ACCUSED No.26 ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.160/2025 REGISTERED FOR THE ALLEGED OFFENCE P/U/S 316(2), 318(4), 336(2), 336(3), Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40205 CRL.P No. 13816 of 2025 336(4), 338, 340(2), 341(2), 61(2) R/W 3(5) OF BNS 2023 WHICH IS ON THE FILE OF THE HON’BLE III A.C.J.M AT BENGALURU AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.26 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short `BNSS, 2023) seeking grant of anticipatory bail in respect of Crime No.160/2025 of Malleshwaram Police Station registered for the offences punishable under Sections 316(2), 318(4), 336(2), 336(3), 336(4), 338, 340(2), 341(2), 61(2) read with Section 3(5) of BNS, 2023. 2. Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State. 3. The learned counsel for the petitioner would contend that the petitioner is a Government Teacher - 3 - HC-KAR NC: 2025:KHC:40205 CRL.P No. 13816 of 2025 working in Chitradurga. The petitioner's name has been shown as accused in the remand application of accused No.1. The petitioner has been arrayed as accused only on the voluntary statement of accused No.1. The petitioner earlier appeared before the Investigating Officer and cooperated with the investigation. Now the petitioner has received a notice from the Investigating Officer, and therefore, he apprehended his arrest. Accused No.1 has been granted regular bail. He further submitted that the petitioner is ready to cooperate with the police in the investigation. With this, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, there are totally thirty one accused persons involved in the commission of alleged offences. The twenty one students alleged to have used fake medical certificates claiming physically handicapped quota. The said medical certificates have been got issued by this petitioner with the help of one Manjunath, who is working in Victoria Hospital, Bangalore. The petitioner - 4 - HC-KAR NC: 2025:KHC:40205 CRL.P No. 13816 of 2025 along with accused No.1 for monitory gain have instigated the students and made arrangements for issue of fake certificates. If the petitioner is granted anticipatory bail, he will not cooperate with the investigation, and threaten the prosecution witnesses. With this, she prayed for dismissal of the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on the court. 6. As per the first information and remand application, it is alleged that, twenty one candidates have claimed medical seats under physically handicapped quota based on fake certificates. As per the voluntary statement of accused No.1, this petitioner/accused No.26 has helped the eight students in getting fake medical certificates for claiming medical seats under physically handicapped quota without undergoing any tests. The accused No.1, who is involved in the present case, has been granted bail. The case of the prosecution is based on documents. The - 5 - HC-KAR NC: 2025:KHC:40205 CRL.P No. 13816 of 2025 petitioner is a teacher working in Government School. The petitioner has undertaken to cooperate with the police in investigation. 7. Considering the above said aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. 8. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner/accused No.26 is ordered to be released on bail in the event of his arrest in Crime No. 160/2025 of Malleshwaram Police Station subject to following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh) with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner shall voluntarily appear before Investigating Officer within 15 days from - 6 - HC-KAR NC: 2025:KHC:40205 CRL.P No. 13816 of 2025 this day and execute a bail bond and furnish a surety. c) The petitioner shall co-operate with the police in the investigation. d) The petitioner shall appear before the Investigating Officer whenever called for. e) The petitioner shall not hamper the investigation and threaten the prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 3