Karnataka High Court
Shrikanth S/O Malappa Abbigeri vs The State Of Karnataka on 11 September, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-D:11755
CRL.P No. 103353 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103353 OF 2025
(438(CR.PC)/482(BNSS))
BETWEEN:
SHRIKANTH S/O MALAPPA ABBIGERI,
AGE. 38 YEARS, OCC. POLICE CONSTABLE (CPC-173),
R/O. KUKNOOR, TQ. KUKNOOR,
DIST. KOPPAL-583 227,
WORKING IN GANGAVATHI RURAL PS.
... PETITIONER
(BY SRI. H.N. GULARADDI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REP. BY TAVARAGERA PS,
IT'S REP. BY STATE PUBLIC PROSECUTOR,
Digitally
signed by
RAKESH S
HIGH COURT OF KARNATAKA AT DHARWAD,
RAKESH HARIHAR
S Location:
HIGH COURT
DIST. DHARWAD-580 011.
HARIHAR OF
KARNATAKA
DHARWAD
... RESPONDENT
BENCH
(BY SMT. KIRTILATA R. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. (482 OF BNSS), PRAYING TO GRANT ANTICIPATORY BAIL
FOR THE OFFENCE PUNISHABLE UNDER SECTION 380 OF IPC IN
TAVARAGERA P.S. CRIME NO.77/2023 PENDING ON THE FILE OF
ADDL. CIVIL JUDGE AND J.M.F.C., KUSTAGI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER IS MADE THEREIN AS UNDER:
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NC: 2025:KHC-D:11755
CRL.P No. 103353 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court seeking anticipatory bail in Crime No.77 of 2023 registered by Tavaregera Police Station, Koppal District, for offence punishable under Section 380 of IPC.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.77 of 2023 was registered by Tavaregera Police Station, Koppal District, for the aforesaid offences against the petitioner based on the first information dated 08.07.2023 received from Sub-Inspector of Police, Tavaragera Police Station. Apprehending arrest in the case, petitioner had filed Criminal Miscellaneous No.184 of 2025 before the Jurisdictional Sessions Court at Koppal, which was rejected on 04.08.2025. Therefore, he is before this Court.
4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that -3- NC: 2025:KHC-D:11755 CRL.P No. 103353 of 2025 HC-KAR petitioner is a Police Constable, who is in service, he has co- operated with the Police for the purpose of investigation in the present case. Accordingly, he prays to allow the petition.
5. Per contra, learned HCGP fairly submits that petitioner has co-operated for the purpose of investigation and charge sheet is also filed against him for the aforesaid offence.
6. Perusal of the material on record would go to show that allegation in the first information submitted by the Sub-Inspector of Police is that certain case files were found missing from the Police Station and he suspected the hand of the petitioner and was under an impression that petitioner, who was a Police Constable attached to Tavaragera Police Station may bring back the said files. Since the missing files were not brought back, he had submitted first information suspecting the hand of the petitioner about committing theft of the missing files. -4-
NC: 2025:KHC-D:11755 CRL.P No. 103353 of 2025 HC-KAR
7. Learned HCGP has fairly submitted that during the course of investigation of the case, in response to the enquiry notice issued to the petitioner, he had co-operated with the Investigation Officer and after completing investigation, charge sheet is already filed. She has also submitted that petitioner is now transferred to Gangavathi Police Station and he is working as a Police Constable in the said Police Station. The alleged offence is triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. The petitioner is a Police Constable and therefore, there cannot be any apprehension that he is likely to flee away from justice. Accordingly, following:
ORDER The petition is allowed. The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.77 of 2023 registered by Tavaregera Police Station, -5- NC: 2025:KHC-D:11755 CRL.P No. 103353 of 2025 HC-KAR Kushtagi Circle, Koppal District, for offence punishable under Section 380 of IPC, subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the trial Court.
(ii) The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
(iii) The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. -6-
NC: 2025:KHC-D:11755 CRL.P No. 103353 of 2025 HC-KAR
(iv) The petitioner shall not involve in similar offences in future.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE RSH & VNP / CT: BCK LIST NO.: 1 SL NO.: 27