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2026 DAILYLAW 28438 (KAR)

MAHADEVI BAI R v. STATE OF KARNATAKA

CRL.P/7061/2026 · 2026-07-15

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010336652026 NC: 2026:KHC:36067 CRL.P No. 7061 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.7061 OF 2026 BETWEEN: MAHADEVI BAI R W/O DHARMA AGED ABOUT 36 YEARS R/AT DODDABYADARAHALLI VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT - 571434 …PETITIONER (BY SRI. SANJAYA KUMAR K.N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY PANDAVAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 2. N.SHIVANNA S/O NINGEGOWDA PRESIDENT PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY DODDABYADARAHALLI KASABA HOBLI Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010336652026 NC: 2026:KHC:36067 CRL.P No. 7061 of 2026 PANDAVAPURA TALUK MANDYA DISTRICT - 571434 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP R.2 - SERVED) THIS CRL.P IS FILED U/SEC.438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT PANDAVAPURA POLICE TO RELEASE THE PETITIONER IN THE EVENT OF ARREST IN THE CRIME NUMBER 162/2024 REGISTERED FOR ALLEGED OFFENCES P/U/SEC.403, 406, 409, 420 OF IPC AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.162/2024 registered by Pandavapura Police Station, Mandya for the offences punishable under Sections 403, 406, 409 and 420 of IPC is before this Court in this petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking anticipatory bail. - 3 - HC-KAR CNR: KAHC010336652026 NC: 2026:KHC:36067 CRL.P No. 7061 of 2026 2. Heard the learned counsel for the parties. 3. FIR in Crime No.162/2024 was registered by Pandavapura Police Station, Mandya for the aforesaid offences against the petitioner herein and others based on the first information dated 23.07.2024 received from Shivanna N s/o Ningegowda, who was the President of Doddabyadarahalli Primary Agricultural Co-operative Society, in which the petitioner was working as a Sales Clerk. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5055/2026 before the jurisdictional Sessions Court, which was rejected on 23.03.2026. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that prior to the registration of the present FIR, the petitioner herein had submitted a complaint as against the Secretary of the Primary Agricultural Co-operative Society, Doddabyadarahalli in the month of March, 2023 itself. The material on record would also go to show that in the year - 4 - HC-KAR CNR: KAHC010336652026 NC: 2026:KHC:36067 CRL.P No. 7061 of 2026 2023 itself, a police complaint was submitted by the petitioner herein against the Secretary alleging that he had misbehaved with her at the workplace. Pursuant to the said complaint, FIR in Crime No.54/2023 was registered by Pandavapura Police Station against Shivalingegowda, the Secretary of the above said Society for the offence punishable under Section 354(A) of IPC. 5. Insofar as the present case is concerned, the allegation is made against the administrative body of the Society, whereas the petitioner was working only as a Sales Clerk in the Society. Though the complaint has been lodged based on the audit report for the year 2022-23 alleging misappropriation of the funds belonging to the Society, the role of the petitioner in the alleged misappropriation is a matter to be determined during the course of the investigation, having regard to the fact that she was only working as a Sales Clerk in the Society. The petitioner is a married lady aged 36 years and it is not in - 5 - HC-KAR CNR: KAHC010336652026 NC: 2026:KHC:36067 CRL.P No. 7061 of 2026 dispute that she has no criminal antecedents. She has undertaken to co-operate with the police for the purpose of investigation. Under these circumstances, I am of the opinion that the petitioner has made out a case for grant of anticipatory bail. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) 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.162/2024 registered by Pandavapura Police Station, Mandya for the offences punishable under Sections 403, 406, 409 and 420 of IPC, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one - 6 - HC-KAR CNR: KAHC010336652026 NC: 2026:KHC:36067 CRL.P No. 7061 of 2026 surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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. Sd/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 50