Balachandra. D. N. Vs State by Malleshwaram Police Station

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) TO ALLOW THE ANTICIPATORY BAIL PETITION BY DIRECTING THE RESPONDENT / MALLESHWARAM P.S. TO RELEASE THE PETITIONER / ACCUSED No.26 ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.160/2025 REGISTERED FOR THE ALLEGED OFFENCE P/U/S 316(2), 318(4), 336(2), 336(3),

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NC: 2025:KHC:40205 CRL.P No. 13816 of 2025

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336(4), 338, 340(2), 341(2), 61(2) R/W 3(5) OF BNS 2023 WHICH IS ON THE FILE OF THE HON’BLE III A.C.J.M AT BENGALURU AND ETC.,

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.26 under Section

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482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short `BNSS, 2023) seeking grant of anticipatory bail in respect of Crime No.160/2025 of Malleshwaram Police Station registered 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.

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Heard the learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State.

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The learned counsel for the petitioner would

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contend that the petitioner is a Government Teacher

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working in Chitradurga. The petitioner's name has been shown as accused in the remand application of accused No.1. The petitioner has been arrayed as accused only on the voluntary statement of accused No.1. The petitioner earlier appeared before the Investigating Officer and cooperated with the investigation. Now the petitioner has received a notice from the Investigating Officer, and therefore, he apprehended his arrest. Accused No.1 has been granted regular bail. He further submitted that the petitioner is ready to cooperate with the police in the investigation. With this, he prayed to allow the petition.

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Per contra, learned Additional State Public Prosecutor would contend that, there are totally thirty one accused persons involved in the commission of alleged offences. The twenty one students alleged to have used fake medical certificates claiming physically handicapped quota. The said medical certificates have been got issued by this petitioner with the help of one Manjunath, who is working in Victoria Hospital, Bangalore. The petitioner

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NC: 2025:KHC:40205 CRL.P No. 13816 of 2025

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along with accused No.1 for monitory gain have instigated the students and made arrangements for issue of fake certificates. If the petitioner is granted anticipatory bail, he will not cooperate with the investigation, and threaten the prosecution witnesses. With this, she prayed for dismissal of the petition.

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Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on the court.

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As per the first information and remand application, it is alleged that, twenty one candidates have claimed medical seats under physically handicapped quota based on fake certificates. As per the voluntary statement of accused No.1, this petitioner/accused No.26 has helped the eight students in getting fake medical certificates for claiming medical seats under physically handicapped quota without undergoing any tests. The accused No.1, who is involved in the present case, has been granted bail. The case of the prosecution is based on documents. The

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