- 1 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 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. 16717 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. AYYANA GOWDA S/O. SEETHARAM AGED ABOUT 41 YEARS R/AT NO. 6/1/177 SHARANABASVESHWARA COLONY, NEAR GOVT. ITI COLLEGE SIDHANURU, RAICHUR DIST KARNATAKA-584 128 …PETITIONER (BY Smt.MONICA PATIL.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY TOWN POLICE STATION CHAMARAJNAGAR REPRESENTED BY SPP, HIGH COURT BUILDING BENGALURU- 560 001. …RESPONDENT (BY SRI.HARISH GANAPATHY, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO 132/2025 DATED 27.07.2025 REGISTERED BEFORE CHAMARAJANAGAR TOWN PS AND CC NO.1274/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE COURT AT CHAMARAJANAGARA ALLEGING OFFENCES UNDER SECTIONS 310(2), 310(4), 61 OF THE BNS 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.6 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.132/2025 of Chamarajanagar Town Police Station registered for offences punishable under Section 310(2), Section 310(4) and Section 61 of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. 3. The learned counsel for petitioner would contend that the petitioner along with his staff in order to - 3 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 perform their duties went to the alleged place of incident. In his further statement, the complainant has stated that after filing the complaint, he received a sum of Rs.3,70,000/- in cash while he was present outside the police station at about 3.30 a.m. It is further submitted that the complainant neither went back to the police station to inform the said aspect nor handed over the said cash to the Station House Officer. The said aspect creates doubt regarding bonafides of the complainant. As action was about to be initiated against the complainant, he filed a false complaint. The statement of the jeep driver indicates that the petitioner and other police officials performed their duties on the day of the incident. 4. It is the complainant who has transacted with accused No.1 with regard to money doubling who had asked the complainant to come to the spot. The recovery of Rs.70,000/- said to have been transferred by the complainant at the time of the incident has been recovered which has been produced by accused No.2's brother by - 4 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 way of cash. A sum of Rs.25,000/- has been seized from accused Nos.1 and 2, which they had received as their share. As the bona fides of the complainant are suspected and the charge sheet is filed, the question as to whether the petitioner is involved in the commission of the alleged offence is a matter to be decided at trial. 5. The learned counsel submits that the petitioner is due for promotion and he has been suspended. The said aspect itself indicates that as he is due for promotion, a false case came to be lodged against him. As investigation is completed and charge sheet is filed, the petitioner is not required for custodial interrogation. Even the entire amount stated to be robbed has been received back by the complainant. The petitioner being a police officer is ready to appear before this Trial Court and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are punishable with either death or imprisonment for life. With this, she prayed to allow the petition. - 5 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 6. Per contra, the learned High Court Government Pleader for respondent/State would contend that the petitioner being a police officer is involved in the alleged incident of robbery. The petitioner is stated to have been in uniform at the time of the incident, and the tower location details of all four police officers (accused Nos.4 to 7) indicate that they were present at the spot at the time of incident. Accused No.5, who is a police officer, was in contact with accused No.3 through phone conversations, which is evident from the call detail records of accused No.5. The jeep of the petitioner was found near the spot at the time of the incident. The petitioner took Rs.3,00,000/- and again demanded Rs.1,00,000/- for which Rs.70,000/- has been transferred by the complainant to the account of accused No.3/Syed Imran. The bank account statement of said Syed Imran has been produced to prove that Rs.70,000/- was credited to his account. The charge sheet materials show a prima case against the petitioner for the offence alleged against him. The petitioner being a - 6 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 police officer instead of protecting the citizens against crimes has involved in commission of the crime. With this, he prayed to reject the petition. 7. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 8. The case of the prosecution is that accused No.1 instigated the first informant to invest money on the promise of receiving double the amount invested. Believing the words of accused No.1, the first informant, along with cash of Rs.2,00,000/-, went to Room No.107 of Delhi Darbar Hotel, Chamarajanagar, wherein four persons, along with one person in police uniform, came and took a total cash of Rs.3,00,000/- and further demanded payment of Rs.1,00,000/-. The first informant also transferred a sum of Rs.70,000/- through Google Pay to the contact number 9449576887, which stands in the name of Syed Imran, accused No.3. There is recovery of - 7 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 Rs.50,000/- from accused No.2 and Rs.70,000/- from accused No.3. 9. The further statement of the complainant was recorded on 13.08.2025. In that, he has stated that after coming out of the police station at about 3.30 a.m., he received a sum of Rs.3,70,000/- in cash from an unknown person, who asked him to withdraw the complaint. The charge sheet does not indicate that the first informant informing that he has received Rs.3,70,000/- immediately after filing the complaint at 03.30 a.m. to the Station House Officer. But he has stated the same on 13.08.2025 in his further statement. Even after receiving back the entire alleged robbed amount, there is a seizure of Rs.70,000/- and Rs.25,000/- by the Investigating Officer. 10. It is submitted by the learned counsel for the petitioner that, as the complainant received back the entire robbed amount of Rs.3,70,000/- on the very day of the complaint and did not inform the same to the police - 8 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 immediately, which give rise to doubt regarding the bonafides of the complainant, therefore, the complaint is doubtful. The alleged transfer of Rs.70,000/- by way of Google Pay by the complainant is to the account of accused No.3. The investigation is over and charge sheet has been filed and therefore the petitioner is not required for any further custodial interrogation. The petitioner has undertaken to appear before the Trial Court and abide by any conditions to be imposed by this Court. 11. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.132/2025 of Chamarajanagar Town Police Station registered for - 9 - HC-KAR NC: 2026:KHC:7674 CRL.P No. 16717 of 2025 offences punishable under Section 310(2), Section 310(4) and Section 61 of Bharatiya Nyaya Sanhita, 2023 subject to following conditions. a) The petitioner shall voluntarily appear before the jurisdictional Court within fifteen 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 the satisfaction of the jurisdictional Court. b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. c) The petitioner shall attend the Trial Court on all dates hearing unless exempted and co- operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 26