Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010611282026 NC: 2026:KHC:50538 CRL.P No. 13667 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13667 OF 2026 BETWEEN:
1.
SRI LOKESH K N S/O. K. N. NARASIMHAIAH AGED ABOUT 44 YEARS R/O 4TH BLOCK, KODIGENAHALLI VILLAGE, KODIGENAHALLI HOBLI MADHUGIRI TALUK, TUMAKURU - 572 127. …PETITIONER (BY SRI VINAYAKA S PANDIT, ADV.) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY KODIGENAHALLI POLICE, MADHUGIRI, TUMAKURU - 572 127 REP. BY SPP, HIGH COURT OF KARNATAKA AT BENGALURU - 01. …RESPONDENT (BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CASE OF ARREST (ANTICIPATORY BAIL) IN CRIME NO.113/2026 REGISTERED BY THE KODIGENAHALLI POLICE, MADHUGIRI, TUMAKURU PENDING BEFORE THE IV ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU SITTING AT MADHUGIRI FOR THE OFFENCE P/U/S 408 AND 417 OF IPC, 1860 ON SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT DEEMS FIT.
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
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HC-KAR
CNR: KAHC010611282026 NC: 2026:KHC:50538 CRL.P No. 13667 of 2026
ORAL ORDER
1. Accused in Crime No.113 of 2026 registered by Kodigenahalli Police Station, Tumakuru District for offences punishable under Sections 408 and 417 of IPC is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.113 of 2026 was registered by Kodigenahalli Police Station, Tumakuru District for the aforesaid offences against the petitioner herein based on the first information dated 05.08.2026, received from M Srinivas, Panchayath Development Officer of Kodigenahalli Grampanchayath. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.5302 of 2026 which was rejected on 18.08.2026. Therefore, he is before this Court.
4. Perusal of the material on record would go to show that, the petitioner was appointed as bill collector in Kodigenahalli Gram panchayath in the year 2014. It appears
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HC-KAR
CNR: KAHC010611282026 NC: 2026:KHC:50538 CRL.P No. 13667 of 2026
that based on the audit objection raised during the year 2019- 2020, the petitioner was suspended from service by order dated 26.10.2021 and the said order was questioned by the petitioner before this Court in W.P.No.1628 of 2022 which was allowed by this Court on 28.03.2023 and the concerned authorities were directed to reinstate the petitioner into service. In the meanwhile, on 21.01.2022, articles of charges were framed against the petitioner and a departmental enquiry was held against him. Based on the enquiry report received, the disciplinary authority has subsequently dismissed the petitioner from service vide order dated 28.10.2024 which is questioned by the petitioner before the competent authority in appeal.
5.
Learned counsel for the petitioner has submitted that said appeal is pending consideration before the competent authority. Allegation against the petitioner is that while he was in service, he had indulged in committing multiple criminal activities which has caused loss to the Grama panchayath. The allegation made against the petitioner relates to the period from 2014 to 2024. In the meanwhile, he was suspended in year 2021 and subsequently departmental enquiry was initiated
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HC-KAR
CNR: KAHC010611282026 NC: 2026:KHC:50538 CRL.P No. 13667 of 2026
against him in year 2022. He is now dismissed from service vide order dated 28.10.2024. The allegations made against petitioner are based on documentary evidence.
6. It is not in dispute that petitioner is not in service in the Gram panchayath as on this date. Therefore, the question of petitioner tampering the documentary evidence does not arise. The petitioner, who has no other criminal antecedents has undertaken to cooperate with the police for the purpose of investigation.
7. Considering the nature of allegations found against the petitioner and also the inordinate delay in approaching the police, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. 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
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HC-KAR
CNR: KAHC010611282026 NC: 2026:KHC:50538 CRL.P No. 13667 of 2026
event of his arrest in Crime No.113 of 2026 registered by Kodigenahalli Police Station, Tumakuru District for offences punishable under Sections 408 and 417 of IPC, subject to the following conditions:-
1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on 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/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 he shall co-operate with the Police for investigation and appear before them whenever called upon.
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HC-KAR
CNR: KAHC010611282026 NC: 2026:KHC:50538 CRL.P No. 13667 of 2026
4. The petitioner shall not involve in similar offences in future.
In view of disposal of the main petition, I.A.No.1 of 2026 will not survive for consideration.
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS List No.: 1 Sl No.: 102