Criminal Petition No. 2336 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2336 OF 2025 C/W CRIMINAL PETITION NO. 3316 OF 2025 IN CRL.P No. 2336/2025 BETWEEN: MR. PRAKASH S/O SUNDARA, AGED ABOUT 35 YEARS HARINI NIVASA, JOLARA BETTU NELLIKARU POST, KARKALA NALLUR UDUPI DISTRICT-574 122 (BY SRI. DHANANJAY KUMAR., ADV.) AND: …PETITIONER
Legal Reasoning
Digitally signed by SWAPNA V Location: High Court of Karnataka THE STATE OF KARNATAKA BY KUNDAPURA POLICE STATION REP. BY SPP, HIGH COURT OF KARNATAKA BANGALORE- 560 001. …RESPONDENT
Legal Reasoning
(BY SRI.MAHADEVAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON ANTICIPATORY BAIL, IN THE EVENT OF ARREST, IN CR.NO.3/2025 REGISTERED BY THE KUNDAPURA P.S., ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA), FOR THE OFFENCES P/U/S 406,409,420 R/W 34 OF IPC, 1860. - 2 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 IN CRL.P NO. 3316/2025 BETWEEN: SRI GANESH S/O.LATE. ARUN NAIK AGED ABOUT 30 YEARS R/AT. NO.3-70B, NERALAKATTE KARKUNJE VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-576 283 (BY SRI. R V SHIVANANDA REDDY., ADV.) AND: STATE OF KARNATAKA BY KUNDAPURA POLICE STATION UDUPI DISTRICT, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560 001 (BY SRI.VINAY MAHADEVAIAH, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGED HIM ON ANTICIPATORY BAIL IN THE EVENT OF ARREST BY THE KUNDAPURA POLICE IN CR.NO.03/2025 PENDING ON THE FILE OF THE ADDL.CIVIL JMFC AT KUNDAPURA, UDUPI DISTRICT FOR THE OFFENCES P/U/S 406, 409, 420 R/W 34 OF IPC. (JR.DVN) AND JUDGE THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER Accused Nos.1 and 2 in Crime No.3/2025 registered by Kundapura Police Station, Udupi, for offences punishable under - 3 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 Sections 406, 409, 420 read with Section 34 of Indian Penal Code (for short, 'IPC') are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. 3. Heard the learned counsel for the parties. FIR in Crime No.3/2025 was registered by Kundapura Police Station, Udupi, for the aforesaid offences against the petitioners and another on the basis of the first information dated 07.01.2025 received from Gurubasavaraj.K - Unit Manager of Bharat Financial Inclusion Ltd, Koteshwara Branch, Udupi. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.511/2025 before the Jurisdictional Sessions Court which was rejected on 31.01.2025. Therefore, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that there is inordinate delay in approaching the police, which is not at all explained. The financial institution has not received any complaint from the customers about the alleged default committed by the petitioners. Since the financial institution has suffered loss, petitioners are being falsely implicated in the criminal case. Petitioners are ready and willing to co-operate - 4 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 with the police for investigation and they do not have any criminal antecedents. Accordingly, prays to allow the petitions. 5. Per contra, learned High Court Government Pleader has opposed the petitions. He submits that considering the nature of allegations found in the first information, custodial interrogation of the accused becomes necessary. Recovery of the misappropriated money has to be made. Accordingly, prays to dismiss the petitions. 6. Perusal of the material on record would go to show that petitioners herein were earlier working as Unit Manager and Field Officer of the financial institution know as 'Bharat Financial Inclusion Ltd'. In the first information, it is alleged that for the period from 01.04.2023 to 30.06.2024 accused persons have totally misappropriated an amount of Rs.20,39,415/-. The allegation in the first information is that the accused persons who had received money from the customers towards repayment of the loan borrowed by them had not deposited the said money to the respective accounts of the customers and on the other hand, they have misappropriated the amount. Undisputedly, till date, no - 5 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 complaint has been received from any one of the customers about the accused persons misusing the amount, which was deposited by the customers towards repayment of loan borrowed by them. 7. Material on record would go to show that, the alleged misappropriation was traced in the month of June-2024 itself. But the first informant has belatedly approached the police in the month of January-2025, which is after a delay of about 6 months. The alleged fraud is based on documentary evidence and undisputedly, all the documents are in the custodial of the financial institution of which the first informant is the Unit Manager at present. 8. Material on record would go to show that, petitioners have been suspended from duty in the month of June-2024 itself. Therefore, there cannot be any apprehension that they are likely to tamper with the material documents. Petitioners have no criminal antecedents and they have undertaken to co-operate with the police for the purpose of investigation. Under such circumstances, I am of the view that the prayer made by the petitioners for grant of anticipatory bail - 6 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 is required to be answered affirmatively, reserving liberty to the Investigating Officer to file necessary applications before the Jurisdictional Court, seeking petitioners custody for interrogation, if found necessary. Accordingly, the following:-
Decision
ORDER The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.3/2025 registered by Kundapura Police Station, Udupi, for offences punishable under Sections 406, 409 and 420 read with Section 34 of IPC, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer on 03.04.2025 at 10.00 am and if necessary, the Investigating Officer is at liberty to take the petitioners to custody for the purpose of interrogation on the said date. However, it is made clear that petitioners shall be released on the same day on or before 6.00 pm, subject to the petitioners executing a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the likesum to the satisfaction of the Investigating Officer. - 7 - NC: 2025:KHC:12989 CRL.P No. 2336 of 2025 C/W CRL.P No. 3316 of 2025 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 35