- 1 - NC: 2025:KHC:13232 CRL.P No. 3690 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3690 OF 2025 BETWEEN: MANJUNATHA M N S/O NAGARAJU AGED ABOUT 29 YEARS, R/AT NO.141/2, NEAR SREE BALAJI THEATER, GUDEMARANAHALLI ROAD, MAGADI TOWN, RAMANAGARA DISTRICT - 562120. …PETITIONER (BY SRI. BASAVARAJA BARIKARA., ADVOCATE) AND: STATE OF KARNATAKA BY SHO, MAGADI PS, RAMANAGARA DISTRICT REPTD. BY HIGH COURT GOVT.PLEADER, HIGH COURT BUILDING, BENGALURU - 560001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.23/2025 REGISTERED BY MAGADI P.S., RAMANAGARA DISTRICT, FOR THE OFFENCES P/U/S 316(2),316(4) R/W 3(5) OF BNS, PENDING ON THE FILE OF PRL. CIVIL JUDGE (SR.DN) AND CJM, MAGADI, RAMANAGARA DISTRICT. 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 SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13232 CRL.P No. 3690 of 2025 ORAL ORDER Accused No.1 in Crime No.23/2025 registered by Magadi Police Station, Ramanagara, for offences punishable under Sections 316(2), 316(4), 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Crime No.23/2025 was registered by Magadi Police Station, Ramanagara, for the aforesaid offences against the petitioner and others on the basis of the first information dated 23.01.2025 received from Swamy.N.S - Area Manager of Bharat Financial Inclusion Ltd, Magadi Branch, Ramanagara. Apprehending arrest in the said case, petitioner, who is arrayed as accused No.1 in the FIR had filed Crl.Misc.No.119/2025 before the Jurisdictional Sessions Court which was rejected on 22.02.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that petitioner has been working in the financial institution from the year 2018 onwards and considering his service, he was promoted to the post of Branch Manager in the month of June- - 3 - NC: 2025:KHC:13232 CRL.P No. 3690 of 2025 2024. Allegation now made in the complaint is that, petitioner has misappropriated money during the period from 03.07.2023 to 05.11.2024. He submits that customers have not made any complaint against the officials and it is only the management has made complaint for extraneous reasons. He submits that petitioner is ready and willing to co-operate with the police for investigation and he do not have any criminal antecedents. Accordingly, prays to allow the petition. 5. Per contra, learned Additional SPP has opposed the petition on the ground that, investigation of the case is under progress. Accordingly, prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner has been serving the financial institution knows as 'Bharat Financial Inclusion Ltd' from the year 2018 onwards and considering his contribution to the growth of the Company, he was promoted to the post of Branch Manager on 04.06.2024. The allegation now made in the first information is that petitioner had misappropriated totally a sum of Rs.48,39,115/- during the period from 03.07.2023 to 05.11.2024. In the first information, it is alleged that money - 4 - NC: 2025:KHC:13232 CRL.P No. 3690 of 2025 received from the customers towards repayment of the loan borrowed by them was not deposited to the respective accounts of the customers. 7. Perusal of the averments made in the first information would go to show that there was no complaint from any one of the customers alleging that, the money paid by them to the accused persons was not deposited/credited to their loan account. Allegation is now made that, during the course of internal audit, the aforesaid fraud was revealed. Considering the nature of allegations found in the first information and also taking into consideration that the petitioner who has no other criminal antecedents has undertaken to co-operate with the police for the purpose of investigation, I am of the view that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively, reserving liberty to the Investigating Officer to file necessary applications before the Jurisdictional Court, seeking petitioner's custody for interrogation, if found necessary. Accordingly, the following:- - 5 - NC: 2025:KHC:13232 CRL.P No. 3690 of 2025 ORDER The petitions are 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.23/2025 registered by Magadi Police Station, Ramanagara, for offences punishable under Sections 316(2), 316(4), 318(4) read with Section 3(5) of BNS, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer on 07.04.2025 at 10.00 am and if necessary, the Investigating Officer is at liberty to take the petitioner to custody for the purpose of interrogation on the said date. However, it is made clear that petitioner shall be released on the same day on or before 6.00 pm, subject to the petitioner executing 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. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with - 6 - NC: 2025:KHC:13232 CRL.P No. 3690 of 2025 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 SPV List No.: 1 Sl No.: 60