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2025 Supreme(Online)(Kar) 36161

THE HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
ASHOKA B – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 14093/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14093 OF 2025 [(438(Cr.PC) / 482(BNSS)]

BETWEEN:

1. ASHOKA B S/O VALYA NAIK B., AGED ABOUT 45 YEARS, #34, WARD NO.2, NEAR SEVALAL TEMPLE GOVINDAPURA TANDA, VARAKANHALLI, HADAGALLI, BELLARY, KARNATAKA - 583 219.

…PETITIONER (BY SRI. S.RAJASHEKAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed by LAKSHMINARAYANA BY MALLESHWARAM POLICE STATION, MURTHY RAJAS HRI REP. BY STATE PUBLIC PROSECUTOR, Location: HIGH COURT OF HIGH COURT BUILDING, KARNATAKA BENGALURU - 560 001.

…RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP)

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.160/2025 REGISTERED BY MALLESHWARAM POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 318(4), 336(2), 336(3), 336(4), 338, 340(2), 341(2), 61(2) READ WITH SECTION 3(5) OF BNS, 2023 PENDING ON THE FILE OF LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, 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 by the petitioner under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.160/2025 of Malleshwaram Police Station, registered for offences punishable under Sections 316(2), 318(4), 336(2), 336(3), 336(4), 338, 340(2), 341(2), 61(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner is working as an Assistant in the Government hospital at Hagaribommanahalli, Vijayanagar District. He has no role in creating the disability certificate but he is assigned with the work of issuing UDID cards based on the certification given by the Board. Accused No.26 who is having main role in the alleged offence has been granted anticipatory bail by this Court vide order dated 13.10.2025 passed in Criminal Petition No.13816/2025. Therefore, the petitioner is entitled to grant of anticipatory bail on the ground of parity. The petitioner is ready to cooperate with the police in the 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 petitioner is assigned with duty of issuing UDID cards. He is having a role in the commission of alleged offence. The petitioner inspite of service of notice, he has not appeared before the Investigating Officer for investigation. With these, she 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. As per the FIR, it is alleged that, twenty one (21) candidates have claimed medical seats under physically handicapped quota based on fake certificates. The petitioner who is stated to be working as an Assistant in the Government Hospital at Hagaribommanahalli, Vijayanagar District is stated to have issued UDID cards. Whether he has issued UDID cards based on the certificate issued by the Board is a matter of investigation. The petitioner has undertaken to cooperate with the police in investigation and abide by any conditions to be imposed by this Court.

7. 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.160/2025 of Malleshwaram Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

i) The petitioner sha

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