Criminal Petition No. 6848 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6848 OF 2025 BETWEEN: 1. SMT. SUNITHA W/O RAJU Y.K AGED ABOUT 45 YEARS. 2. RAJU Y.K S/O KULLAIAH AGED ABOUT 48 YEARS. BOTH ARE R/AT NO.20/1, 1ST MAIN ROAD, 3RD CROSS KANTEERAVA NAGARA NANDINI LAYOUT BENGALURU - 560 096.
Facts
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
Legal Reasoning
bench of this Court in Crl.P.No.14245/2024 disposed of on - 5 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR 30.01.2025. The allegation against the petitioners, who are private persons is that they had colluded with accused No.1 for the purpose of committing the aforesaid offences. 7. It is not in dispute that the petitioners have no criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation. The allegation in the first information and the preliminary enquiry report is based on the documents, which are available with the Karnataka Lokayuktha police and the petitioners, who are private persons do not have access to the said documents. Under these circumstances, I am of the opinion that the petitioners' prayer for grant of anticipatory bail is required to be answered affirmatively subject to appropriate conditions. 8. Accordingly, the following:
Arguments
(BY SRI MANJUNATH M.R, ADV.) AND: THE STATE OF KARNATAKA BY KARNATAKA LOKAYUKTHA POLICE BENGALURU CITY DIVISION REP. BY SPECIAL PUBLIC PROSECUTOR M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …PETITIONERS …RESPONDENT (BY SRIVENKATESH S. ARABATTI, SPL.PP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL AND TO DIRECT THE RESPONDENT KARNATAKA LOKAYUKTHA POLICE, BENGALURU URBAN DISTRICT, TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.45/2024, FOR THE OFFENCES P/U/S 7-A,13(1)(a) R/W 13(2) - 2 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR OF P.C ACT, 1988, U/S 409,417,420,465,468 R/W 120(B) OF IPC, PENDING ON THE FILE OF THE XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (P.C ACT), AT BANGALORE (CCH-24). 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 Nos.2 and 3 in Crime No.45/2024 registered by Lokayuktha Police Station, Bengaluru Urban District for the offences punishable under Sections 409, 417, 420, 465 & 468 R/w Section 120-B of IPC & Section 7-A, 13(1)(a) R/w 13(2) of the Prevention of Corruption Act, 1988 are before this Court under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.45/2024 was registered by Karnataka Lokayuktha Police Station, Bengaluru Urban District against Smt. Lalitha and others for the aforesaid offences on the basis of first information dated 26.11.2024 received from Samruddhi Bharatha Foundation(R). - 3 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR Apprehending arrest in the said case, the petitioners herein had filed Crl.Misc.No.2484/2025, which was rejected on 28.03.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that the petitioners herein are the husband and wife and they are private parties. Accused No.1 as against whom similar allegations are found in the FIR has been granted anticipatory bail by the coordinate bench of this Court in Crl.P.No.14245/2024 disposed of on 30.01.2025. The petitioners do not have criminal antecedents and they are ready and willing to cooperate with the police for the purpose of investigation of the case. Accordingly, he prays to allow the petition. 5. Per contra, learned counsel for the respondent, who has filed his statement of objection has opposed the petition. He submits that petitioners have absconded for a period of nearly 7 months from the date of registration of - 4 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR FIR and therefore their prayer for grant of anticipatory bail needs to be rejected. 6. FIR has been registered in the present case against accused No.1 and the petitioners herein based on the complaint received from Samruddhi Bharatha Foundation (R), which was initially submitted to the Superintendent of Police, Karnataka Lokayuktha on 08.08.2023. The allegation in the first information found on record is that there is misuse of funds granted under various schemes undertaken for the upliftment of weaker section of the society. The allegation is made against the officers of the BBMP and also other private persons, who had colluded with them. It appears that initially preliminary enquiry was conducted and based on the enquiry report a decision was taken to register FIR in the present case against accused persons. Accused No.1, who was working as a Assistant Revenue officer in the office of BBMP has been granted anticipatory bail by the coordinate
Decision
ORDER The Criminal Petition is allowed. - 6 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.45/2024 registered by Karnataka Lokayuktha Police Station, Bengaluru Urban District for the offences punishable under Sections 409, 417, 420, 465 & 468 R/w Section 120-B of IPC & Section 7-A, 13(1)(a) R/w 13(2) of the Prevention of Corruption Act, 1988 subject to the following conditions: a. The petitioners shall appear before the Investigation Officer within a period of one week from the date of receipt of copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the likesum. b. They shall furnish their residential address/contact number and shall inform the Investigation Officer in case of any change in the address/ contact number. c. They shall cooperate with the investigation of the case and shall be available for the purpose of investigation whenever necessary. - 7 - NC: 2025:KHC:19845 CRL.P No. 6848 of 2025 HC-KAR d. They shall not tamper with the prosecution evidence/ witnesses either directly or indirectly. e. They shall be regular in attending the court proceedings. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS