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2026 DAILYLAW 8223 (KAR)

SMT VIJAYALAKSHMI v. STATE OF KARNATAKA

CRL.P/461/2026 · 2026-02-10

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7999 CRL.P No. 461 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 461 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SMT. VIJAYALAKSHMI W/O O. SHIVALINGAPPA AGED ABOUT 60 YEARS RETIRED TALUK DEVELOPMENT OFFICER DR.B.R. AMBEDKAR DEVELOPMENT CORPORATION, R/AT NO.1814, 3RD CROSS 14TH MAIN, 3RD STAGE PRAKASH NAGAR, SRIRAMPURA BENGALURU-560 021 …PETITIONER (BY SRI. NARASIMHA RAJESH K.S, ADVOCATE) AND: STATE OF KARNATAKA BY KARNATAKA LOKAYUKTA POLICE BENGALURU URBAN DIVISION BENGALURU-560 001 …RESPONDENT (BY SRI. MANISH R, ADVOCATE FOR SRI. B.B.PATIL, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C (FILED UNDER SECTION 482 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HER ARREST IN CRIME NO.58/2025 REGISTERED BY THE KARNATAKA LOKAYUKTA POLICE, BENGALURU URBAN DIVISION, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7999 CRL.P No. 461 of 2026 13(1)(a) R/W SECTION 13(2) OF PC ACT 1988 (AS AMENDED IN 2018) AND SECTIONS 409, 420, 468, 471 R/W SECTION 120-B OF I.P.C PENDING BEFORE THE LEARNED XXIII ADDL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (PC ACT) BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 8 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.58/2025 registered by the Karnataka Lokayuktha Police, Bengaluru Urban Division, for offence under Section 13(1)(a) read with Section 13(2) of Prevention of Corruption Act (for short referred to as the `P.C. Act’) and Sections 409, 420, 468, 471 read with Section 120-B of IPC. 2. Heard learned counsel for petitioner and learned counsel for respondent. 3. Learned counsel for petitioner would contend that earlier there was a departmental enquiry against the - 3 - HC-KAR NC: 2026:KHC:7999 CRL.P No. 461 of 2026 petitioner and other accused and crime was registered in crime No. 419/2024 and in the said crime, after investigation, B report has been filed. Thereafter complaint filed before the Human Rights Commission has also been closed. Accused No. 1 has filed a petition seeking quashing of the FIR and it is pending before this Court. Petitioner is a woman, she is now aged 60 years, retired from service, she is bed-ridden and taking treatment. Petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra learned counsel for respondent would contend that petitioner who was assigned the duty to scrutinize applications made by the woman self-help group, has approved the loan applications without properly scrutinizing them in respect of fake women self-help groups and misappropriated Rs.2.40 crores. There was a preliminary enquiry and sanction was also accorded under - 4 - HC-KAR NC: 2026:KHC:7999 CRL.P No. 461 of 2026 Section 17-A of P.C. Act. Petitioner is required for custodial interrogation. The offences alleged against the petitioner are provided with punishment which may extend to imprisonment for 10 years. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties the Court has perused the FIR, complaint and other materials placed on record. 6. The alleged misappropriation has taken place between 2020 to 2023. Petitioner was working as Taluka Development Officer in Ambedkar Development Corporation. She was assigned with the duty of scrutinizing the loan applications submitted by woman self-help groups. It is alleged that the petitioner without properly scrutinizing the applications had approved the applications in respect of 97 fake groups. All the accused together have misappropriated Rs.2.40 crores. It is admitted that earlier there was a departmental enquiry wherein petitioner has been exonerated. In the crime - 5 - HC-KAR NC: 2026:KHC:7999 CRL.P No. 461 of 2026 registered based on the private complaint, after investigation, B report has been submitted. Whether the petitioner has misappropriated the amount as alleged is a matter of investigation and trial. Petitioner is a woman aged 60 years and she has undertaken to cooperate with the Investigating Officer in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. 7. Considering the above aspects, petitioner has made out a case for grant of anticipatory bail with conditions. 8. In the result, the following O R D E R Petition is allowed. Petitioner is ordered to be released on bail in the event of her arrest in Crime No. 58/ 2025 registered by the Karnataka Lokayuktha Police, Bangalore Urban Division, subject to following conditions. - 6 - HC-KAR NC: 2026:KHC:7999 CRL.P No. 461 of 2026 I. Petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer. II. Petitioner shall appear before the Investigating Officer whenever called for and cooperate for investigation. III. 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 LRS List No.: 1 Sl No.: 42