- 1 - HC-KAR NC: 2025:KHC:18604 CRL.P No. 5611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5611 OF 2025 BETWEEN: NARAYANA NAYAKA, S/O LATE CHIKKACHANNANAYAKA, AGED ABOUT 62 YEARS, R/AT DHARMAPURA VILLAGE, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DIST. - 571 134. …PETITIONER (BY SRI. RAJU C.N, ADVOCATE) AND: STATE BY BILIKERE POLICE STATION, HUNSUR TALUK, MYSURU DIST., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.85/2025 OF BILLIKERE POLICE , MYSURU, ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT HUNSUR, FOR TH EOFFENCES Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18604 CRL.P No. 5611 of 2025 PUNISHABLE UNDER SECTIONS 314, 316, 318, 320, 321, 322, 323 AND 324 OF B.N.S 2023 BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.85/2025 registered by Bilikere Police Station, Mysore District for the offences punishable under Section 403, 405, 415, 416, 420, 421, 422 and 424 of IPC is before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.85/2025 was registered by Bilikere Police Station, Mysore District for the aforesaid offences against the petitioner herein, based on the first information dated 14.03.2025, received from Beerappa S., Son of Sannegowda, who is the Chief Executive Officer of - 3 - HC-KAR NC: 2025:KHC:18604 CRL.P No. 5611 of 2025 Primary Agricultural Credit Cooperative Society Limited. Apprehended the arrest in the case, petitioner had filed Crl.Misc.No.5060/2025 before the jurisdictional Sessions Court which was rejected on 27.03.2025. Therefore, accused is before this Court. 4. Learned counsel for the petitioner submits that petitioner retired from the service on 30.06.2023 and with an allegation that while he was in service, he had misappropriated certain amount a criminal case has been now registered for extraneous reasons. Petitioner has no criminal antecedents and he is ready to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposes the petition on the ground that petitioner allegedly has misappropriated huge amount and therefore, prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:18604 CRL.P No. 5611 of 2025 6. Perusal of the material on record would go to show that petitioner was earlier serving as CEO of the society which has now registered a criminal case against him. It appears that petitioner has retired from the service on 30.06.2023. The allegation in the first information is that while the petitioner was in service, he had misappropriated a total sum of Rs.75,44,833/- and aforesaid aspect of the matter has come to light during the course of annual audit that was held subsequently. 7. Undisputedly, allegations are now made against the petitioner based on the records of the society and said records are in possession of the society. Petitioner has retired from the service and therefore, there cannot be any apprehension that he is likely to tamper with the records of the society based on which the criminal case has been registered against him. The alleged offences are triable by the Court of the Magistrate and the maximum punishment for the aforesaid offences is imprisonment for a period of seven years. Petitioner is the retired CEO of - 5 - HC-KAR NC: 2025:KHC:18604 CRL.P No. 5611 of 2025 the society who is now aged about 62 years and undisputedly, he has no criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. 8. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:- ORDER i. The petition is allowed. ii. 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.85/2025 registered by Bilikere Police Station, Mysore District for the offences punishable under Sections 403, 405, 415, 416, 420, 421, 422 and 424 of IPC, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:18604 CRL.P No. 5611 of 2025 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. 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 KAV List No.: 1 Sl No.: 46 CT: BHK