The High Court
Case Details
- 1 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8497/2025 C/W CRIMINAL PETITION NOS. 8511/2025, 8520/2025 IN CRL.P No. 8497/2025: BETWEEN: SMT. VEENA W/O RAJESH. N AGED ABOUT 40 YEARS OCCU SERVICE MANAGER CUM JOINT CUSTODIAN BANK OF INDIA, CAR STREET BRANCH, CHAMARAJANAGAR TOWN CHAMARAJANAGAR - 571 313 KARNATAKA. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA (BY SRI BASAVARAJ S SAPPANNAVAR, ADV.) AND:
Legal Reasoning
STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN P.S CHAMARAJANAGAR, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001.
Legal Reasoning
(BY SMT. ASMA KAUSER, ADDL. SPP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN FAVOURT OF THE PETITIONER/ACCUSED NO.2 DIRECTING THE RESPONDENT POLICE THAT IS CHAMARAJANAGAR TOWN - 2 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR POLICE STATION, CHAMARAJANAGARA DISTRICT TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF HER ARREST IN CHAMARAJANAGAR TOWN POLICE STATION CRIME NO.81/2025 ON THE FILE OF THE ADDL. CIVIL JUDGE (Sr.Dn.) AND CJM COURT, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR P/US/ 316(5),318(2),318(4) R/W SEC.3(5) OF BNS 2023. OFFENCE FOR THE IN CRL.P NO. 8511/2025: BETWEEN: SRI SAMEER ALFRED SOREN S/O JOHN SOREN AGED ABOUT 44 YEARS OCCU: BRANCH MANAGER STATE BANK OF INDIA R/AT. CAR STREET BRANCH CHAMARAJANAGAR TOWN CHAMARAJNAGAR - 571 313 ALSO/AT NO.1033,7th MAIN 1st BLOCK, KORAMANGALA BENGALURU - 560 034. ...PETITIONER (BY SRI BASAVARAJ S SAPPANNAVAR, ADV.) AND: STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN P.S CHAMARAJANAGAR, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. (BY SMT. ASMA KAUSER, ADDL. SPP) ...RESPONDENT THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER/ACCUSED NO.3 DIRECTING - 3 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR THE RESPONDENT POLICE IN CHAMARAJANAGAR TOWN P.S., CHAMARAJANAGAR DISTRICT, TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.81/2025, ON THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT, CHAMARAJANAGAR DISTRICT, P/U/S CHAMARAJANAGAR, 316(5),318(2),318(4) R/W 3(5) OF BNS, 2023. IN CHAMARAJANAGAR TOWN P.S. OFFENCES FOR THE IN CRL.P NO. 8520/2025: BETWEEN: SRI KAVALI NARESH S/O KAVALI VENKATESWARLU AGED ABOUT 30 YEARS OCCU: CASH OFFICER STATE BANK OF INDIA R/AT. CAR STREET BRANCH CHAMARAJANAGAR TOWN CHAMARAJNAGAR - 571 313 AND HOUSE NO.3-59A VEERANNAGATTUPALLI VEMPALLI, IDUPULAPAYA CUDDAPAH, ANDHRA PRADESH - 516 329. ...PETITIONER (BY SRI BASAVARAJ S SAPPANNAVAR, ADV.) AND: STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN P.S CHAMARAJANAGAR, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560 001. (BY SMT. ASMA KAUSER, ADDL. SPP) ...RESPONDENT - 4 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR RESPONDENT TOWN THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER/ACCUSED NO.4 DIRECTING I.E., THE CHAMARAJANAGAR STATION, THE CHAMARAJANAGAR DISTRICT PETITIONER/ACCUSED NO.4 ON BAIL IN THE EVENT OF HIS ARREST IN CHAMARAJANAGAR TOWN PS CRIME NO.0081/2025 ON THE FILE OF ADDL.CIVIL JUDGE (SR.DN) AND CJM COURT, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR FOR THE OFFENCES P/U/S 316(5), 318(2) AND 318(4) R/W SECTION 3(5) OF BNS, 2023. POLICE TO ENLARGE POLICE THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 to 4 in Crime No.81/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offences punishable under Sections 316(5), 318(2), 318(4) read with Section 3(5) of BNS, 2023, are before this Court in these three petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.81/2025 was registered by Chamarajanagar Town Police Station, Chamarajanagar, for the - 5 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR aforesaid offences against one Ravi Kiran and others based on the first information dated 13.05.2025 received from Seetharama S, who is the Regional Manager of State Bank of India, Regional Office, Chamarajanagar. Petitioners herein are arraigned as accused Nos.2 to 4 in the FIR. Apprehending arrest in the case, they had filed bail applications before the jurisdictional Sessions Court which were rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions has prayed to allow the petitions. 5. Per contra, learned Addl. SPP who has opposed the petitions submits that petitioners are holding responsible post in the Bank and there is an allegation that a sum of Rs.18 lakhs has been misappropriated in the Bank. Accused are liable to answer the same since they were on duty at the relevant period. She submits that in the event, petitioners are enlarged on bail, the same would send wrong message to the Society. Accordingly, she prays to dismiss the petitions. - 6 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR 6. Accused No.2 was working as a Service Manager and she was the joint custodian of the cash in the Branch Office of the Bank. Accused No.3 was working as Branch Manager and accused No.4 was working as a Cash Officer in the Branch Office of State Bank of India, Car Street Branch, Chamarajanagar. It is alleged in the first information that during the course of internal audit, it was found that for the period from 03.05.2025 to 09.05.2025, totally a sum of Rs.18 lakhs was found short in the branch office of the State Bank of India. As per the complaint averments, from 01.03.2025 onwards accused No.4 Kavali Naresh and accused No.2 Smt. Veena were in-charge as Cash Officers and joint custodian of the cash and accused No.3 was the Branch Manager. 7. The material on record would go to show that on 07.03.2025 and 15.04.2025, accused No.4 who was the Cash Officer in the Branch Office at the relevant point of time had brought to the notice of the Chief Manager about the shortage in cash. It appears that no action was taken inspite of accused No.4 bringing to the notice of the Chief Manager about the shortage of cash in the Branch Office of the Bank. Annexure-F - 7 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR is a copy of notice issued by the Bank to accused No.2 and a perusal of the same would go to show that allegation is made against her that inspite of accused No.4 Kavali Naresh bringing to her notice about shortage of cash in the Branch Office, she had failed to take appropriate action and there is no allegation either against accused No.2 or as against accused No.4 in the said notice about misappropriating any amount. It appears that allegation against them is about dereliction of duty and not misappropriation. Petitioners do not have any criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 8. 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.81/2025 - 8 - NC: 2025:KHC:25030 CRL.P No. 8497 of 2025 C/W CRL.P No. 8511 of 2025 CRL.P No. 8520 of 2025 HC-KAR registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offences punishable under Sections 316(5), 318(2), 318(4) read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners 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/- each with two sureties for the likesum to the satisfaction of the investigating officer. 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 witnesses 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 DN