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2026 DAILYLAW 20359 (KAR)

AMBUJA v. STATE BY LOKAYUKTA POLICE

CRL.P/6339/2026 · 2026-06-11

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6339 OF 2026 BETWEEN: AMBUJA W/O RAMEGOWDA G AGED ABOUT 39 YEARS R/AT BEHIND A.D.A OFFICE THYAGARAJA COLONY MULABAGILU KOLAR DISTRICT - 563 131. …PETITIONER (BY SRI P. PRITHVI KIRAN SETTY, ADV.) AND: STATE BY LOKAYUKTA POLICE KOLAR - 563 101 REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR AT BANGALORE - 560 001. …RESPONDENT (BY SRI LETHIF B, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT HER ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE HER ON BAIL IN THE EVENT OF HER ARREST BY THE RESPONDENT POLICE I.E., LOKAYUKTA POLICE KOLAR IN RELATION TO THE CASE IN CR. NO. 10/2024 AT ANNEXURE A FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 7(a), 13(1)(a) R/W 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT - 2018) AND SECTIONS 420, 465, 468, 471 R/W 120(B) OF THE INDIAN PENAL CODE, 1860 ON THE FILE OF THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 ORAL ORDER 1. Accused no.2 in Crime No.10/2024 registered by Lokayuktha Police Station, Kolar, for the offences punishable under Sections 7(a), 7(A), 13(1)(a) read with 13(2) of the Prevention of Corruption Act, 1988, and Sections 420, 465, 468, 471 read with 120B of IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and the learned Counsel appearing for the respondent. 3. FIR in Crime No.10/2024 was registered by Lokayuktha Police, Kolar, for the aforesaid offences against Narayanaswamy and others based on the first information dated 27.11.2023 received from Sri Harshavardhana, the then Tahsildar, Kolar Taluk. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.999/2025 before the jurisdictional Sessions Court which was rejected on 10.12.2025. Therefore, she is before this Court. 4. Learned Counsel for the petitioner submits that after receipt of inquiry notice, petitioner has co-operated with the - 3 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 police for the purpose of investigation. For extraneous reasons, she is apprehending arrest in the case. She is ready and willing to co-operate with the police for further investigation. She has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned Counsel appearing on behalf of the respondent submits that there are serious allegations against the petitioner who was working as a computer operator in Nada Kacheri office at Narasapura. She has created about 1,400 fake bona fide certificates and has caused loss to the tune of more than Rs.6 crores to the State Government. Investigation of the case is still under progress. Accordingly, he prays to dismiss the petition. 6. In the first information dated 27.11.2023, it is alleged that accused persons had conspired and had issued fake bona fide certificates, based on which, 22 persons had registered their tractors in Kolar Regional Transport Office avoiding payment of road tax, insurance and other payments that they were liable to be paid to the Government, and thereby caused loss to the exchequer of the State Government. - 4 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 7. FIR in the present case has been registered initially against six persons. Accused no.1 is the then Deputy Tahsildar and petitioner herein was working as an outsourced computer operator in Nada Kacheri. It appears that during the course of investigation, police have conducted raid to the house of the petitioner and the petitioner was very much present in the house at the time of raid. Certain documents were allegedly seized from the house of the petitioner under a panchanama prepared on 18.10.2024 and petitioner had co-operated for the search and she also signed the panchanama which would prima facie go to show that she had participated in the investigation. 8. Though FIR has been registered in the present case on 14.08.2024, till date charge sheet has not been filed. It is also not in dispute that petitioner has no other criminal antecedents. She is a married lady aged about 39 years and she has co- operated with the police for the purpose of investigation. The maximum punishment for the alleged offences is imprisonment for a period of seven years. - 5 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 9. The Hon'ble Supreme Court in the case of SIDDHARAM SATLINGAPPA MHETRE VS STATE OF MAHARASHTRA & OTHERS - (2011)1 SCC 694, in paragraph nos.89 & 90, has observed as under: "89. It is imperative for the courts to carefully and with meticulous precision evaluate the facts of the case. The discretion must be exercised on the basis of the available material and the facts of the particular case. In cases where the court is of the considered view that the accused has joined investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided. 90. A great ignominy, humiliation and disgrace is attached to the arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre- conviction stage or post-conviction stage." 10. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively, subject to appropriate conditions and also reserving liberty to the police to file necessary application before the Trial Court seeking custody of - 6 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 the petitioner for the purpose of interrogation if it becomes necessary. Accordingly, the following order: 11. Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.10/2024 registered by Lokayuktha Police Station, Kolar, for the offences punishable under Sections 7(a), 7(A), 13(1)(a) read with 13(2) of the Prevention of Corruption Act, 1988, and Sections 420, 465, 468, 471 read with 120B of IPC, subject to the following conditions: 1. Petitioner shall appear before the Investigation Officer on 29.06.2026, and on the said date, the Investigation Officer shall be at liberty to take her into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer; - 7 - HC-KAR NC: 2026:KHC:28360 CRL.P No. 6339 of 2026 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and she shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. 5. Liberty is reserved to the respondent-police to file necessary application before the Trial Court seeking custody of the petitioner for the purpose of interrogation if it becomes necessary Sd/- (S VISHWAJITH SHETTY) JUDGE KK