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Karnataka High Court
Anuradha K S vs State Of Karnataka on 4 February, 2026
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 15879 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 15879 OF 2025 (438(Cr.PC) /
482(BNSS))
BETWEEN:
ANURADHA K.S
W/O ASHOK K.R
AGED ABOUT 51 YEARS
KANNAMANGALA
GRAMA PANCHAYAT
DEVANAHALLI TALUK
BENGALURU RURAL
KARNATAKA-562 110
...PETITIONER
(BY SRI. NARASE GOWDA, ADVOCATE)
AND:
STATE OF KARNATAKA
Digitally signed by
LAKSHMINARAYANA REP BY THE POLICE OF
MURTHY RAJASHRI
Location: HIGH KARNATAKA LOKAYUKTA
COURT OF
KARNATAKA (BENGALURU URBAN DIVISION)
BANGALORE-560 001
SPL.PP LOKAYUKTA
...RESPONDENT
(BY SRI. MANISH R, ADVOCATE FOR
SRI. B.B. PATIL, ADVOCATE )
THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C
(FILED UNDER SECTION 482 OF BNSS) PRAYING TO GRANT
THE PETITIONER ANTICIPATORY BAIL AND DIRECT THE
RESPONDENT POLICE STATION TO RELEASE THE PETITIONER
IN THE EVENT OF HER ARREST PERTAINING TO SEC. 13(1)(A)
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CRL.P No. 15879 of 2025
HC-KAR
AND 13(2) OF PC ACT, IN CR.NO.31/2021 AND AFTER
INVESTIGATION CHARGE SHEET WAS FILED AND IS PENDING
XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, AND SPECIAL
JUDGE (PCA), BANGALORE, AS SPL.C.C.NO.1733/2025 OF
LOKAYUKTA POLICE.
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 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)
2. Heard learned counsel for the petitioner and
learned counsel for the respondent.
3. Learned counsel for petitioner would contend
that the charge sheet has been filed against the petitioner
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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.
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4. 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
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Vs State of Bihar and Another1. With this, he prayed to
reject the petition.
5. Having heard learned counsels, the Court has
perused the charge sheet and other materials placed on
the record.
6. 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
Reported in (2024) 12 SCC 382
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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.
7. 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
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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.
8. 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
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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.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 7
