- 1 - NC: 2025:KHC:9399 CRL.P No. 2083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2083 OF 2025 BETWEEN: CHETHAN C.N S/O LATE NINGARAJU AGE 32 YEARS R/O KEMPANNA BUILDING B.B. ROAD, VAPASANDRA NEAR MILK DAIRY CHIKKABALLAPURA - 562 101. …PETITIONER (BY SRI DEVI PRASAD SHETTY, ADV.) AND: THE STATE BY CHELURU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 563 124. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.0005/2025 DATED 10.01.2025 REGISTERED BY CHELUR P.S., PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR. DIVISION) AND JMFC COURT, BAGEPALLI, CHIKKABALLAPURA DISTRICT, FOR THE OFFENCE 318(4), 3(5) OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:9399 CRL.P No. 2083 of 2025 ORAL ORDER Accused No.2 in Crime No.5/2025 registered by Chelur Police Station, Chikkaballapura District for the offences punishable under Sections 318(4) and 3(5) of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.5/2025 was registered by Chelur Police Station, Chikkaballapura District for the aforesaid offences against one Abhilash and the petitioner herein, based on the first information dated 10.01.2025 received from Smt. Fathima Bee W/o Mahaboob sab. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.60/2025 before the jurisdictional Sessions Court, which was rejected on 03.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that there is no audit report about the alleged misappropriation - 3 - NC: 2025:KHC:9399 CRL.P No. 2083 of 2025 nor there is any complaint received by bank in which the petitioner is working about the alleged misappropriation. For extraneous reason, a police complaint has been filed. He submits that the management has issued a communication dated 30.01.2025 to the Investigation Officer in the present case stating that there is no such misappropriation as alleged in the first information in Crime No.5/2025 and request is made not to take any action against accused persons. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the bail petition. She submits that there is allegation of misappropriation and therefore custodial interrogation of the accused is necessary. Accordingly, she prays to dismiss the petition. 6. The first informant is the member of Self help group which had borrowed loan from Chelur Vyavasaya Seva Sahakara Sangha bank in which the petitioner is working as manager. In the first information it is alleged - 4 - NC: 2025:KHC:9399 CRL.P No. 2083 of 2025 that 9 self help groups had borrowed money from the aforesaid bank and towards repayment of the said loan certain amount was paid by said groups and the said amount was not deposited by the accused persons to the loan accounts of respective borrowers. The management of Kolar & chikkaballapura DCC bank Ltd., which is the financing bank of the cooperative bank in which the petitioner is working has issued communication dated 30.01.2025 to the police stating that no such misappropriation as alleged in first information in Crime No.5/2025 had taken place in VSNN bank, Chelur branch and bank had not received any such complaint from its customers. It is also stated in the said communication that the alleged misappropriation for the period from 2019 to 2025 was not found during periodical audit in the bank. 7. Considering the aforesaid aspects of the matter and also taking into consideration the nature of allegation found in the first information, I am of the opinion that the - 5 - NC: 2025:KHC:9399 CRL.P No. 2083 of 2025 prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.5/2025 registered by Chelur Police Station, Chikkaballapura District for the offences punishable under Sections 318(4) and 3(5) of BNS, 2023 subject to the following conditions: 1. The Petitioner 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/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - NC: 2025:KHC:9399 CRL.P No. 2083 of 2025 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS