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2025 Supreme(Online)(Kar) 40262

THE HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR
DR G BHARAT – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 14028/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14028 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. DR G BHARAT S/O G VASU AGED ABOUT 33 YEARS WORKING AT: SENIOR SPECIALIST GOVERNMENT HOSPITAL HOSAPET, VIJAYANAGAR DISTRICT – 583 201.

…PETITIONER Digitally signed by (BY SRI. AJAY KADKOL T, ADVOCATE)

PADMASHREE SHEKH AR DESAI AND:

Location: High Court Of Karnatka 1. STATE OF KARNATAKA STATION HOUSE OFFICER MALLESHWARAM POLICE STATION MALLESHWARAM BANGALORE – 560 003 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.

…RESPONDENT (BY SRI CHANNAPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S

482 BNSS) PRAYING TO DIRECT HIS ENLARGEMENT ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN RELATION TO THE CASE IN CR.No.160/2025 REGISTERED BY THE RESPONDENT POLICE ON THE BASIS OF THE COMPLAINT FILED BY ONE ISLAHUDDIN J GADYAL, FOR THE OFFENECES PUNISHABLE UNDER SECTIONS 316(2), 318(4), 336(2), 336(3), 336(4), 338, 340(2), 341(2), 61(2), 3(5) OF BNS AND ETC., 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 BNSS praying to grant anticipatory bail in respect of Crime No.160/2025 of Malleswaram 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 3(5) of BNS.

2. Heard learned counsel for petitioner and learned HCGP for respondent/State.

3. Learned counsel for petitioner would contend that petitioner is a Physician working in Government Hospital, Hospet and he is not competent to issue disability certificate of hearing. He further submits that petitioner is ready to co-operate with the police in investigation. On receipt of notice by the IO, he has responded through his email dated 06.10.2025 and appeared before the IO on 08.10.2025. The petitioner is having apprehension of his arrest. As the petitioner is a Doctor, if he is arrested, it will affect his reputation and his work and service to the society. With these he prays to allow the petition.

4. Per contra, learned HCGP would contend that totally there are 31 accused persons involved in commission of alleged offences. The three certificates produced by the students contains the signature of this petitioner. The matter is under investigation. The petitioner is required for custodial interrogation. If the petitioner is granted anticipatory bail, he will not co- operate with the investigation and commit similar offence.

With this, he prayed for dismissal of the petition.

5. Having heard the learned counsels, the Court has perused FIR, complaint and other materials placed on record.

6. As per the first information and remand application, it is alleged that 21 candidates have claimed medical seats under physically handicapped quota based on fake certificates. The allegation against this petitioner who is working as a Physician in Government Hospital, Hospet, Vijayanagara District is that he has issued three such certificates. The petitioner has undertaken to co- operate with the police in investigation. The petitioner is a Government doctor and his presence can be secured easily for investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following:

ORDER The petition is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Crime No.160/2025 of Malleswaram Police Station subject to following conditions:

1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the Investigating Officer.

2. The petitioner shall vol

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