- 1 - NC: 2025:KHC:17448 CRL.P No. 5288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5288 OF 2025 BETWEEN: KIRAN KUMAR AGED ABOUT 34 YEARS, S/O SANJEEVA MOGAVEERA R/AT 1-46A, HALNADU UDUPI DISTRICT - 576 211 …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: STATE BY KUNDAPURA RURAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001 …RESPONDENT (BY SMT. PUSHPALATHA .B., ADDL.S.P.P.) 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.10/2025 REGISTERED BY THE RESPONDENT POLICE PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, KUNDAPURA, FOR THE OFFENCE P/U/S 409 OF IPC. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17448 CRL.P No. 5288 of 2025 ORAL ORDER Accused in Crime No.10/2025 registered by Kundapura Rural Police Station, Udupi for offences punishable under Section 409 of the Indian Penal Code (for short, 'IPC') is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.10/2025 was registered by Kundapura Rural Police Station, Udupi, against accused for the aforesaid offence on the basis of the first information dated 22.02.2025 received from Pola Naganjineyulu son of Pola Kristaiah. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.583/2025 before the Jurisdictional Sessions Court which was rejected on 21.03.2025. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the alleged misappropriation by the petitioner is during the period from 2017 to 2019. The said misappropriation had come to the notice of the department in the year 2019 itself and the petitioner was suspended from service in the year 2019 itself. Material on record would also go to show that the department - 3 - NC: 2025:KHC:17448 CRL.P No. 5288 of 2025 in which the petitioner was earlier employed has initiated a recovery proceedings against the petitioner before the proper forum, which is pending consideration in O.A.No.211/2023. It is only in the year 2025, the department has registered a criminal case against the petitioner. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner, for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following:- ORDER The 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.10/2025 registered by Kundapura Rural Police Station, Udupi for offences punishable under Section 409 of IPC, 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. - 4 - NC: 2025:KHC:17448 CRL.P No. 5288 of 2025 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and she 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 SPV List No.: 1 Sl No.: 64