[Cites 5, Cited by 0]
Karnataka High Court
Thammaiah vs State By on 26 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 16030 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 16030 OF 2025
[(438(Cr.PC) / 482(BNSS)]
BETWEEN:
THAMMAIAH
S/O. ANNAJI KARI GOWDA,
AGED ABOUT 62 YEARS,
R/AT: NO.42, 1ST CROSS,
SHARAVATHI NAGAR, NAGARBHAVI,
BENGALURU - 560 072.
...PETITIONER
(BY SRI. M.T. NANAIAH, SENIOR COUNSEL ALONG WITH
SRI. M.R.C. MANOHAR, ADVOCATE)
AND:
STATE BY
HALASURGATE P.S.,
Digitally signed by BENGALURU CITY,
LAKSHMINARAYANA REP. BY STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
HIGH COURT COMPLEX,
Location: HIGH
COURT OF BENGALURU - 560 001.
KARNATAKA ...RESPONDENT
(BY SRI. HARISH GANAPATHY, HCGP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED
U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF
ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE /
HALASURGATE POLICE STATION TO RELEASE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN CRIME
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CRL.P No. 16030 of 2025
HC-KAR
NO.134/2025, REGISTERED FOR OFFENCES PUNISHABLE
UNDER SECTIONS 178, 179 AND 180 OF BNS, 2023 PENDING
BEFORE THE XLVIII A.C.M., BENGALURU.
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 under Section 482 of Bharatiya
Nagrika Suraksha Sanhita, 2023 praying to grant
anticipatory bail in Crime No.134/2025 of Halasurugate
Police Station registered for offences punishable under
Sections 178, 179 and 180 of Bharatiya Nyaya Sanhita,
2023.
2. Heard learned Senior Counsel for petitioner and
learned High Court Government Pleader for respondent -
State.
3. Learned Senior Counsel for petitioner would
contend that, the petitioner has received notice dated
04.11.2025 from the PSI, Halasurugate Police station to
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appear for investigation and therefore he apprehends his
arrest. In the said notice it is alleged that accused Nos.4,
5 and 6 have given Rs.2,000/- currency notes to this
petitioner and this petitioner is related to accused No.1 -
Mallesh K. Accused Nos.4, 5 and 6 have been granted
anticipatory bail by this Court in Criminal Petition
No.17651/2025 and connected matter by order dated
20.02.2026. The petitioner is similarly placed to that of the
other accused i.e., accused Nos.4, 5 and 6 who have been
granted anticipatory bail. The petitioner is ready to
cooperate with Investigating Officer in investigation and
abide by any conditions to be imposed by this Court. With
these, he prayed to allow the petition.
4. Per contra, learned High Court Government
Pleader for respondent would contend that, the accused
persons are getting Rs.2,000/- denomination currency
notes of altered series number from accused Nos.1 to 3
and they are getting it exchanged with the RBI through
accused No.7. What is the role of this petitioner is to be
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ascertained as he is related to accused No.1 and his name
has been mentioned in the statement of accused No.4 to
6. The petitioner is required for custodial interrogation.
With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing
for parties, the Court has perused the FIR, complaint and
other materials placed on record.
6. This Court while considering the anticipatory
bail petition of accused Nos.4, 5 and 6 in the order dated
20.02.2026 in Criminal Petition No.17651/2025 and
connected matter, has observed as under:
"6. On perusal of the remand application
dated 25.06.2025 of accused Nos.2 and 3, the
allegation against petitioners -accused Nos.4 to 6
is that accused No.4 is Swamiji and accused
Nos.5 and 6 are his assistants and they are
getting the money from accused Nos.1 to 3 and
making the rain of currency notes. Considering
the said allegation, the petitioners were found
possessing the said currency notes of Rs.2,000/-
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denomination in which the series numbers have
been altered. The offences alleged against
petitioners are not punishable either with death
or imprisonment for life. Earlier petitioners were
arrested in Crime No.214/2025 and they have
been granted bail by Magistrate Court. The
petitioners have undertaken to co-operate with
the police in the investigation and abide by any
conditions to be imposed by this Court.
Considering the above aspects, petitioners have
made out case for grant of anticipatory bail with
conditions."
7. The petitioner has received a notice dated
04.11.2025 from PSI, Halasurugate Police Station. In the
said notice it is mentioned that accused Nos.4, 5 and 6
have stated in their statement that they gave Rs.2,000/-
denomination currency notes to this petitioner and this
petitioner is related to accused No.1 - Mallesh K. What is
the exact role of this petitioner is required to be
ascertained in the investigation. The offences alleged
against the petitioner are not punishable either with death
or imprisonment for life. The petitioner has undertaken to
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cooperate with the Investigating Officer in investigation
and abide by any conditions to be imposed by this Court.
8. Considering all the above aspects, the petitioner
has made out a case for grant of anticipatory bail with
conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is
granted anticipatory bail in Crime No.134/2025 of
Halasurugate Police Station and is ordered to be released
on bail in the event of his arrest, subject to following
conditions:
i) The petitioner shall voluntarily appear
before the Investigating Officer within 15
days from this day and execute bail bond
for sum of Rs.1,00,000/- with one surety
for the like sum to the satisfaction of
Investigating Officer.
ii) The petitioner shall appear before the
Investigating Officer whenever called for
and cooperate for investigation.
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iii) The petitioner shall appear before
Investigating Officer on every Sunday
between 10 a.m., to 2.p.m., for a period of
2 months or till filing of the final report
whichever is earlier.
iv) The petitioner shall not directly or indirectly
make an inducement, threat or promise to
any person acquainted with the facts of the
case so as to dissuade him from disclosing
such a facts to the court or police officer or
tamper with the evidence.
v) In case of filing the charge sheet, the
petitioner shall appear before the trial
Court and cooperate for speedy disposal of
the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 37
