[Cites 5, Cited by 0]

Karnataka High Court

Ayyana Gowda vs State Of Karnataka on 10 February, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                              NC: 2026:KHC:7674
                                                        CRL.P No. 16717 of 2025


                      HC-KAR




                      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)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        AND:
COURT OF
KARNATAKA
                      1.   STATE OF KARNATAKA
                           BY TOWN POLICE STATION
                           CHAMARAJNAGAR
                           REPRESENTED BY SPP,
                           HIGH COURT BUILDING
                           BENGALURU- 560 001.

                                                                 ...RESPONDENT

                      (BY SRI.HARISH GANAPATHY, HCGP)
                                -2-
                                                  NC: 2026:KHC:7674
                                        CRL.P No. 16717 of 2025


HC-KAR




     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

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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

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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.

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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

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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

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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

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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

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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.