Sri Gurumurthy B U Vs the State of Karnataka

SRI GURUMURTHY B U S/O UJJINAPPA AGE: 48 YEARS R/AT. PAMPA MAHAKAVI ROAD NEAR JUNIOR COLLEGE TARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN CODE – 577 228.

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…PETITIONER

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(BY SRI HARISH KUMAR M.T, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY SHO, MALLESHWARAM P .S BANGALORE – 560 003. REPT. BY: THE STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED No.29 ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.No.160/2025 FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 316(2), 318(4), 336(2), 336(6), 336(4), 338, 340(2), 341(2),

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NC: 2025:KHC:47415 CRL.P No. 14205 of 2025

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HC-KAR

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61(2), 3(5) OF BNS 2023 REGISTERED BY THE MALLESHWARAM P.S, BANGALORE.

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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.29 under Section 482 of BNSS seeking grant of anticipatory bail in respect of Crime No.160/2025 of Malleswaram Police Station registered for offences punishable under Section 316(2), 318(4), 336(2), 336(3), 336(4), 338, 340(2), 341(2), 61(2), 3(5) of BNS.

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

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Learned counsel for petitioner would contend that petitioner is a Government teacher working in higher primary school, Lakkavalli village, Tarikere Taluk, Chikkamagaluru District. The petitioner's name has been shown as accused in the remand application of accused

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3 - NC: 2025:KHC:47415 CRL.P No. 14205 of 2025

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HC-KAR

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No.1. The petitioner has been arrayed as accused only on

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the voluntary statement of accused No.1. Accused No.1 has been granted regular bail. Accused No.26 who is similarly placed to that of this petitioner has been granted anticipatory bail by this Court in Crl.P.No.13816/2025 by order dated 13.10.2025. The petitioner is ready to cooperate with the police in investigation. With these, he prayed to allow the petition.

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Per contra , learned HCGP would contend that totally there are 31 accused persons involved in the commission of alleged offences. 21 students alleged to have used a fake medical certificate claiming physically handicapped quota. The said medical certificates have been got issued by the accused persons with the help of one Manjunath, who is working in Victoria Hospital, Bangalore. The petitioner along with accused No.1 for monetary gain have instigated the students and made arrangements for issue of fake certificates. If the petitioner is granted anticipatory bail he will not co-

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NC: 2025:KHC:47415 CRL.P No. 14205 of 2025

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HC-KAR

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operate with the investigation and threaten the prosecution witnesses. With these, he prayed for dismissal of the petition.

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

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As per first information and remand application, it is alleged that 21 candidates have claimed medical seats under physically handicap quota based on fake certificates. As per the voluntary statement of accused No.1, this petitioner/accused No.29 has helped the students in getting fake medical certificates for claiming medical seats under physically handicapped quota without undergoing any tests. Accused No.1 who is involved in the present case has been granted bail. Accused No.26 who is similarly placed to that of this petitioner has been granted anticipatory bail by this Court. The petitioner is working as a teacher in government school. The petitioner has

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5 - NC: 2025:KHC:47415 CRL.P No. 14205 of 2025

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HC-KAR

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undertaken to co-operate with the police in the investigation and abide by any conditions to be imposed by this Court.

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Considering the above aspects, the petitioner has

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made out a case for grant of anticipatory bail with conditions. In the result, the following:

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ORDER

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Petition is allowed. The petitioner/accused No.29 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:

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(i) 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 IO.

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(ii) Petitioner shall voluntarily appear before the IO within 15 days from this day and execute bail bond and furnish surety.

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NC: 2025:KHC:47415 CRL.P No. 14205 of 2025

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HC-KAR

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(iii) Petitioner shall co-operate with the police in the investigation.

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(iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(v) Petitioner shall appear before the Investigating Officer whenever called for.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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DKB

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List No.: 1 Sl No.: 15 Ct.sm

Sri Gurumurthy B U v. the State of Karnataka

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Sri Gurumurthy B U v. the State of Karnataka

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