[Cites 0, Cited by 0]
Karnataka High Court
Sampath Kumar Nayak vs The State Of Karnataka on 12 March, 2026
-1-
NC: 2026:KHC-D:3987
CRL.P No. 100178 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
CRIMINAL PETITION NO. 100178 OF 2026
(438(CR.PC)/482(BNSS))
BETWEEN:
SAMPATH KUMAR NAYAK,
AGE: 35 YEARS, OCC: GOVT. EMPLOYEE (WARDEN),
R/O. WARD NO.33, MYSANAKERI, HOSAPETE,
DISTRICT: VIJAYANAGARA-583101.
...PETITIONER
(BY SRI. SRINIVAS B. NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
Digitally signed THROUGH GUDAGERI POLICE STATION-580011.
by GIRIJA A.
BYAHATTI ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
(BY SRI. ABHISHEK MALIPATIL, HCGP)
BENCH
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF BNSS, SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONER/ACCUSED NO.2 IN THE EVENT OF HIS ARREST IN
CRIME NO.57/2025 OF GUDIGERI POLICE STATION REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2),
316(5), READ WITH 3(5) OF BARATIYA NYAYA SANHITA (BNS),
IN THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
-2-
NC: 2026:KHC-D:3987
CRL.P No. 100178 of 2026
HC-KAR
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
1. This is the petition filed under Section 482 of the
Bharatiya Nagarika Suraksha Sanhita, 2023
(hereinafter referred to as 'BNSS, 2023', for short),
praying for grant of anticipatory bail to the
petitioner/accused No.2 in the event of his arrest in
Crime No.57/2025 of Gudageri Police Station for the
offences punishable under Sections 316(2) and 316(5)
read with Section 3(5) of the Bharatiya Nyaya Sanhita,
2023 (hereinafter referred to as 'BNS, 2023', for short).
2. The facts of the case are stated in detail in the bail
petition. It is the contention of the petitioner that he is
a Government employee having permanent job and
there is no chance of his abscondence, if he is granted
with anticipatory bail. It is further stated that the
petitioner apprehended his arrest and approached the
Jurisdictional Sessions Court seeking for grant of
NC: 2026:KHC-D:3987
HC-KAR
anticipatory bail. However, the said bail petition came
to be rejected by order dated 09.01.2026. The
petitioner further contended that there was no
responsibility on him as alleged in the first information.
According to him, he was on leave from 10.12.2025 to
14.12.2025, whereas, as per the case of prosecution,
the alleged ration was supplied to the school on
09.12.2025. The petitioner submits that he is innocent
of the offences alleged against him and he has been
falsely implicated in the case. He submits that he is
ready to abide by the conditions that may be imposed
by this Court and ready to cooperate with the
investigation and hence prays for allowing the bail
petition.
3. Learned HCGP has filed statement of objections
contending that the investigation is still in progress. It
is further contended that the offences alleged against
the petitioner are non-bailable in nature. If the
petitioner is granted with bail, there is every possibility
NC: 2026:KHC-D:3987
HC-KAR
of he threatening the prosecution witnesses, repeating
similar offences and obstructing the course of
investigation and trial. It is also contended that there is
possibility of abscondence the petitioner. Hence, he
prayed for rejection of the bail petition.
4. Having heard the arguments of both sides and upon
perusal of the records, the point that arises for
consideration is, "whether the petitioner is entitled for
anticipatory bail?"
5. The finding on the above point is in the affirmative for
the following reasons:
6. The District Officer, Backward Classes, Dharwad has
filed first information on 20.12.2025 at 10.30 p.m.,
which came to be registered in Crime No.57/2025 for
the offences punishable under Sections 316(2) and
316(5) read with Section 3(5) of BNS, 2023 by the
Police Sub-Inspector of Gudageri Police Station.
NC: 2026:KHC-D:3987
HC-KAR
7. It is stated in the first information that, at B.C.No.256
within the jurisdiction of Mattigatti Village of Kundagol
Taluk, Morarji Desai Residential School is situated. As
per the order of Tahsildar, Kundagol dated 01.12.2025,
120 quintals of rice (240 bags) and 60 quintals of
wheat (120 bags) were to be supplied to the said
school. Accordingly, on 09.12.2025 the said food
grains were taken to the school.
8. On 17.02.2025, the Tahsildar, Kundagol submitted a
report stating that, on 01.12.2025 total 120 quintals of
rice (240 bags) and 60 quintals of wheat (120 bags)
were ordered to be released to the Morarji Desai
Residential School and accordingly, the Principal
(accused No.1) and the Warden (accused No.2)/present
petitioner, have taken 240 bags of rice and 120 bags of
wheat from their store situated at Kundagol, as per
following bills:
1. Bill Nos.S1 1175 - 40 quintals of rice (80 bags)
NC: 2026:KHC-D:3987
HC-KAR
2. Bill No.S1 1176 - 40 quintals of rice (80 bags)
and 19.2 quintals of Wheat (38 bags)
3. Bill No.S1 1177 - 40 quintals of rice (80 bags)
4. Bill No.S1 1174 - 40 quintals of wheat (80 bags)
9. Subsequently, on 12.12.2025, a first information was
received and hence, Tahsildar, Kundagol, has visited
the school on that date and on inspection, it was found
that only 162 bags of rice were available out of 240
bags and 78 bags were missing. It was further reported
that the rice bags sent in vehicle bearing No.KA-25/AB-
1105 consisting of 80 bags were not received in the
storeroom and no document was produced showing
receipt of the said bags. Based on the said report, the
present first information came to be filed and
registered.
10. After registration of the case, Investigating Officer has
commenced the investigation. The maximum
punishment prescribed for the offences under Sections
NC: 2026:KHC-D:3987
HC-KAR
316(2) and 316(5) of BNS, 2023 is imprisonment for
life with fine, and the offences are triable by the
Magistrate of First Class.
11. It is the contention of the petitioner that he was on
leave from 10.12.2025 to 14.12.2025 and in this regard
he has produced copies of leave applications. The
report of the Tahsildar prima facie reveals that the rice
bags sent through vehicle bearing No.KA-25/AB-1105
were not received in the storeroom.
12. It is also seen that, even though the first information
was registered on 20.12.2025, the petitioner has not
been arrested till now. Learned HCGP has produced
certain investigation documents which prima facie
reveal that no notice was issued to the petitioner under
Section 35 of BNSS, 2023 requiring him to appear
before the Investigating Officer for interrogation or
enquiry.
NC: 2026:KHC-D:3987
HC-KAR
13. Learned counsel for the petitioner would submit that,
petitioner was on leave from 10th, 12th, 13th and 14th of
December, 2025 and as per the Government circular,
Thursday is weekly holiday for wardens, and thus, he
was not in charge of the storeroom from 10.12.2025 to
14.12.2025. The inspection was conducted on
12.12.2025, whereas the food grains were allegedly
received on 09.12.2025 by accused Nos.1 and 2.
14. Even though the offences alleged against the petitioner
are heinous in nature, they are triable by the learned
Magistrate. The petitioner submitted that he will
cooperate with the investigation and he will not
abscond from the proceedings, and is ready to abide by
any conditions that may be imposed by this Court, if he
is granted with anticipatory bail.
15. Therefore, the apprehension of the learned HCGP can
be safeguarded by imposing suitable conditions. Hence,
the petitioner is entitled for anticipatory bail.
NC: 2026:KHC-D:3987
HC-KAR
16. Accordingly, I pass the following:
ORDER
The bail petition filed under Section 482 of BNSS,
2023 is hereby allowed.
Anticipatory bail is granted to the petitioner. The
respondent-Police Sub-Inspector of Gudageri Police Station is
hereby directed to release the petitioner on bail in the event of
his arrest in Crime No.57/2025 of Gudageri Police Station,
for the offences punishable under Sections 316(2) and
316(5) read with Section 3(5) of the Bharatiya Nyaya
Sanhita, 2023, subject to following conditions:-
i. The petitioner shall execute personal bond for a
sum of ₹1,00,000/- (Rupees One Lakh Only) with
two sureties for like-sum to the satisfaction of
concerned Magistrate/arresting authority
ii. He shall not threaten or tamper with the
prosecution witnesses directly or indirectly.
iii. He shall not commit similar offences.
- 10 -
NC: 2026:KHC-D:3987
HC-KAR
iv. He shall appear before Investigating Officer, as
and when called for investigation during the
reasonable hours of the day.
v. He is hereby directed to appear before the
concerned Magistrate within the period of 30
days from the date of this order to execute the
personal bond and surety bond and also appear
before the Investigating Officer.
vi. In the event charge-sheet is filed against the
petitioner, the petitioner shall appear before the
Court regularly without fail till completion of trial
without exception.
vii. Petitioner shall produce his I.D. and address
proof documents before learned Magistrate.
If any of these conditions are violated, the bail bond will
be automatically cancelled.
Sd/-
(GEETHA K.B.)
JUDGE
gab/CT-MCK
LIST NO.: 2 SL NO.: 2
