Anuradha K.S vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 482 of BNSS praying to grant anticipatory bail in Special C.C.No.1733/2025 arising out of Crime No.31/2021 pending on the file of XXIII Additional City Civil and Sessions Judge and Special Judge (PCA), Bangalore registered for offences punishable under Section 13(1)(A) read with Section 13(2) of Prevention of Corruption Act.(herein referred to as "PC Act" for brevity)

Heard learned counsel for the petitioner and learned counsel for the respondent.

Learned counsel for petitioner would contend that the charge sheet has been filed against the petitioner for offence under Section 13(1)(A) read with Section 13(2) of the PC Act. The petitioner received summons from the Special Court in Special C.C.No.1733/2025. The petitioner authorized his counsel to seek exemption from appearance on 08.09.2025. The said exemption came to be rejected on the ground that vakalath for the petitioner has not been filed. Learned counsel for petitioner submits that along with the said exemption application memo of appearance was filed. The said exemption application came to be rejected and thereafter, NBW has been issued against the petitioner. The petitioner apprehends her arrest as NBW has been issued by the Special Court. The petitioner has cooperated with the Investigating Officer in the investigation. The petitioner has not been shown as absconding in the charge sheet. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. With these, he prays to allow the petition.

Per contra, learned counsel for the respondent would contend that the charge sheet materials contain prima facie case against the petitioner for offences punishable under Sections 13(1)(A) read with Section 13(2) of the PC Act. The petitioner has misappropriated funds to the extent o f Rs.9,33,754/-. The Special Court on receipt of the charge sheet has registered case in Special C.C.1733/2025 and issued summons to the petitioner to appear on 08.09.2025. The petitioner has not appeared on the said date and the counsel who filed his exemption application had not filed vakalath for the petitioner and therefore, it was rejected. As the Special Court has issued NBW against the petitioner, the petitioner has sought anticipatory bail before the Special Court and it came to be rejected. The Petitioner against whom NBW has issued is not entitled to grant of anticipatory bail. On that point he placed reliance on the decision of the Hon'ble Apex Court in the case of Srikanth Upadhay and Others Vs State of Bihar and Another Reported in (2024) 12 SCC 382. With this, he prayed to reject the petition.

Having heard learned counsels, the Court has perused the charge sheet and other materials placed on the record.

The charge sheet has been filed against the petitioner for offence punishable under Section 13(1)(A) read with Section 13(2) of PC Act. Based on the said charge sheet, Special C.C.No.1733/2025 is registered against the petitioner. The Special Court has issued summons to the petitioner for her appearance on 08.09.2025. On that day the petitioner has not appeared. But she entrusted to her counsel to seek exemption of her appearance. On that day, counsel for the petitioner has filed exemption application. The said exemption application came to be rejected on the ground that vakalath for the petitioner has not been filed along with the said exemption application. It is submitted by learned counsel for petitioner that along with the exemption application, memo of appearance for the petitioner had been filed. Thereafter, NBW has been issued against the petitioner. As the NBW has been issued against the petitioner, she apprehends her arrest. Merely because the petitioner has not appeared on the date of appearance before the Special Court is not a ground for rejection of petition seeking anticipatory bail. The petitioner had sought exemption for her appearance on the date of appearance i.e., on 08.09.2025. But the same came to be rejected as vakalath had not been filed along with the said exemption application. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner was working as Clerk cum Data Entry Operator in Kannamangala Panchayath, Devanahalli Taluk. The petitioner is woman.

The decision relied upon by learned counsel for the respondent is not applicable to the case on hand, as proclamation has not been issued against the petitioner and petitioner has not been declared as proclaimed offender. Considering the above aspects, the petitioner has made out 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 her arrest in Special C.C.No.1733/2025 arising out of Crime No.31/2021 pending on the file of XXIII Additional City Civil and Sessions Judge and Special Judge (PCA), Bangalore registered for offences punishable under Section 13(1)(A) read with Section 13(2) of PC Act subject to following conditions:

a) The petitioner -accused shall voluntarily appear before the Jurisdictional Court within 15 days and execute bail bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.

b) The petitioner -accused shall not tamper the prosecution witnesses either directly or indirectly.

c) The petitioner -accused shall appear before the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.