Chidananda M vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No. 1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No. 154/2025 of Hassan City Police Station registered for offence punishable under Sections 316(4), 318(3), 318(4) of BNS.

Heard learned counsel for petitioner and learned HCGP for respondent - State.

Learned counsel for petitioner would contend that as on the date of alleged offence, petitioner was not working in the office, he had been transferred and in his place accused No. 2 was working as Taluka Nodal Officer. Petitioner is not involved in commission of any offence as alleged. It is accused No. 3 - District Nodal Officer who is involved in commission of the offence. Petitioner is ready to cooperate with the Investigating Officer in investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition.

Per contra, learned HCGP would contend that petitioner is directly involved in commission of the offence. Investigation is in progress and petitioner is required for custodial interrogation. With this, he prayed to reject the petition.

Having heard learned counsel for the parties the Court has perused the FIR, complaint and other materials placed on record.

This Court while granting anticipatory bail to accused No. 2 in the order dated 07.01.2026 passed in Crl.P. No. 16113/2025 has observed as under:

"6. On perusal of averments of the complaint, there is an allegation against accused Nos.1 to 3 that they have transferred Rs.7.5 lakhs in total to non-beneficiaries and mis-appropriated the amount. The matter is under investigation. What is the role of this petitioner is to be ascertained in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment or life. There are no criminal antecedents of the petitioner. The petitioner has undertaken to co-operate with the IO in the investigation and abide by any conditions to be imposed by this court."

Petitioner has been transferred and in his place accused No. 2 was posted. Considering the said aspect, petitioner is also placed similar to that of accused No. 2 who has been granted anticipatory bail. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. Petitioner has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court.

Considering the above aspects, petitioner has made out case for grant of anticipatory bail with conditions.

In the result of the following

ORDER

Petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No.154/2025 of Hassan City Police Station subject to following conditions:

Petitioner shall voluntarily appear before the Investigating Officer within 10 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 Investigating Officer.

Petitioner shall appear before the Investigating Officer whenever called for and cooperate in the investigation.

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.