- 1 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 209 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: MADHU. N. S. S/O SHIVASHANKAR AGED ABOUT 30 YEARS R/O NEGGALAHALLI VILLAGE HOLENARASIPURA TALUK HASSAN DISTRICT 573 201 MANAGER, MANPPURAM FINANCE, ARASIKERE TOWN. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ARASIKERE TOWN POLICE STATION ARSIKRE HASSAN DISTRICT 573 201 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 01. 2. MANAPPURAM FINANCE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT MANAPPURAM HOUSE, A.O, VALAPAD, APMC MARKET, ARSIKERE TOWN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 HASSAN, KARNATAKA - 573 103 REP BY ITS AUTHORIZED OFFICER SAJIN T. …RESPONDENTS (BY MS. ASMA KOUSER, ADDL. SPP FOR RESPONDENT SRI. ANISH JOSE ANTONY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.162/2024. THE CASE IS REGISTERED BY ARSIKERE TOWN POLICE STATION, ARASIKERE, HASSAN DISTRICT AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 316(2),316(4),318(2),318(3),3(5) OF BNS 2023, PENDING ON THE FILE OF THE CIVIL JUDGE (Sr.Dn.) AND JMFC COURT AT ARASIKERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments of learned counsel for the petitioner, learned Addl. SPP for the State and learned counsel appearing for the defacto complainant. 2. Petitioner is arraigned as accused No.1 in Crime No.162/2024 of Arsikere Town Police Station, Hassan - 3 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 registered for offences punishable under Sections 316(2), 316(4), 318(2), 318(3) and 3(5) of BNS, 2023. 3. This petition is preferred under Section 482 of BNSS, 2023 to enlarge the petitioner on anticipatory bail. 4. Complaint is filed by one Sajin T, Area Manager, Manappuram Finance, Arsikere Town, Hassan. On that basis, aforementioned crime is registered against accused Nos.1 to 4 namely, Branch head (Manager), Assistant Branch Head, Cashier and Auditor of Manapuram Finance, Arsikere Town, Hassan. 5. Sum and substance of the complaint averments are that between 14.09.2023 and 29.11.2024, petitioner was working as the Branch Head of Manappuram Finance, Arasikere. Complainant visited the said branch for inspection. He noticed 261.8 grams of gold articles kept in seven packets worth of Rs.18,74,488/- as well as cash of Rs.25,58,290/-, in total a sum of Rs.44,32,778/- was misappropriated by the accused persons. - 4 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 6. It is contended by the learned counsel for petitioner that petitioner being the branch manager, his role is restricted to collect the gold ornaments and hand it over to the subordinate official as per finance regulation. There is no role played by him in the commission of offence. He has been targeted because he is working as a Branch head of Finance and false allegations are made against him. It is further contended that, if any misappropriation had taken place, it should have come to the knowledge of the Auditor and same would have been informed to the complainant. On the other hand, no such complaint was filed. He further contended that petitioner is working as Branch Manager for the last one year and there is no incident of any misuse of customer's gold ornaments. Petitioner is ready and willing to cooperate with the investigation and abide by any conditions. He therefore, sought to allow the petition and enlarge the petitioner on anticipatory bail. - 5 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 7. Per contra, learned Addl. SPP contended that petitioner is the custodian of the locker and he is the Branch Head of Manappuram Finance, Arsikere Town, where the misappropriation has taken place. Without his knowledge, such incident will not take place. The gold ornaments, which were pledged by the customers have been misused by the petitioner in collusion with other accused. Petitioner is absconding and if anticipatory bail is granted, he will not cooperate with the investigation of the case. She accordingly, sought to dismiss the petition. 8. Learned counsel appearing for the defacto complainant has filed statement of objections. He has contended that petitioner in collusion with other accused has misappropriated the gold ornaments pledged by the customers and the cash repaid by the borrowers and converted for their own use. Accused have stolen 261.8 grams of gold ornaments pledged by seven borrowers and created fake pledge/loan in the name of their friends. He further contended, if the petitioner is released on - 6 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 anticipatory bail, it will be difficult to recover the gold misappropriated by him, which belong to the Finance Company. He therefore, sought to dismiss the petition. 9. It is not in dispute that the petitioner was working as a Branch Head/Manager of Manappuram Finance, Arsikere Town, Hassan. According to the complainant, Area Manager of Manappuram Finance, when visited the said branch, found that accused persons working in the said branch, after receiving gold from the customers, not deposited the pledged jewellery in the locker of the branch, but re-pledged the said jewellery in the name of their friends and relatives and misused the gold ornaments and also misappropriated the amount. It is alleged that 261.8 grams of gold kept in seven packets worth of Rs.18,74,488/- as well as cash of Rs.25,58,290/-, in total a sum of Rs.44,32,778/- is misappropriated. 10. It is alleged that petitioner in collusion with other accused namely Assistant Branch Head, Cashier and Auditor of Manappuram Finance committed the offence. - 7 - NC: 2025:KHC:5191 CRL.P No. 209 of 2025 Petitioner being the Branch Head / Manager, cannot be said to be unaware of the transaction or misappropriation happened in the branch, where he was working. 11. The amount and gold ornaments have to be recovered from the accused. Hence, grant of anticipatory bail will hamper the investigation. Petitioner has been absconding from the date of registration of the case. There are chances of destroying the evidence and tampering with the prosecution witnesses, if relief sought by the petitioner is granted. 12. Considering the above facts and circumstances, this Court is of the view that petitioner is not entitled for the relief of anticipatory bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS