Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54340 CRL.P No. 15705 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15705 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN:
1.
SRI. YASHODA KUMAR. P. K.
S/O PALAIAH AGE ABOUT 33 YEARS R/A KOTAGUDDA VILLAGE HIDAGAL HOBLI, PAVAGADA TALUK TUMAKURU DISTRICT – 572 116. …PETITIONER
(BY SRI. MURALI KRISHNA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY Y N HOSAKOTE POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU – 560 001. …RESPONDENT
(BY SMT. B PUSHPALATHA, ADDL. SPP)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE ABOVE NAMED PETITIONER IN CR.No.69/2025 OF RESPONDENT POLICE, FOR OFFENCES PUNISHABLE UNDER SECTIONS 318(4),316(2),316(5) OF BNS, 2023.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54340 CRL.P No. 15705 of 2025
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section 482 of BNSS praying to grant anticipatory bail in Crime No.69/2025 of Y.N.Hoskote Police Station registered for offences under Section 318(4), 316(2), Section 316(5) of BNS. 2. Heard learned counsel for petitioner and learned Additional SPP for respondent/State. 3. Learned counsel for petitioner would contend that the petitioner is a Data Entry Operator and she is not authorized to make payment under E-Grama Swaraj portal and it is the complainant who is PDO and who is authorized to make payment. The complainant after making the payment to the account of wife of this petitioner had got withdrawn the same through this petitioner. Subsequently, again the complainant intended to do the same act and when the petitioner refused she filed a false complaint against the petitioner. The
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HC-KAR NC: 2025:KHC:54340 CRL.P No. 15705 of 2025
petitioner is ready to co-operate with the police in investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that there is misappropriation of huge money by this petitioner. The amount misappropriated has been credited to the bank account of the wife of this petitioner. The petitioner is required for custodial interrogation. With this she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The complainant is a PDO and the petitioner/accused is working as a Data Entry Operator in a Kottagudda Grama Panchayath. It is admitted that the petitioner who is working as a Data Entry Operator is not
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HC-KAR NC: 2025:KHC:54340 CRL.P No. 15705 of 2025
authorized to make payment in Grama Swaraj portal. It is further submitted that the complainant who is a PDO is authorized to make payment through Grama Swaraj portal. The petitioner does not dispute credit of Rs.10,46,955/- to the account of his wife.
It is his contention that at the instance of the complainant, the said amount is credited to the wife's account of this petitioner and subsequently, the complainant got the amount withdrawn and received from this petitioner. Whether this petitioner is involved in misappropriation of the said amount is a matter of investigation and trial. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to co-operate with the IO in the investigation. There are no criminal antecedents of the petitioner. 7. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. In the result, the following:
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HC-KAR NC: 2025:KHC:54340 CRL.P No. 15705 of 2025
ORDER
The petition is allowed. The petitioner is ordered to be released on bail, in the event of his arrest, in Crime No.69/2025 of Y.N.Hosakote Police Station, subject to following conditions: (i) The petitioner shall voluntarily appear before the IO within 10 days from this day and execute a bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to satisfaction of the IO. (ii) The petitioner shall co-operate with IO in the investigation and appear before IO whenever called for. (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 28 Ct.sm