- 1 - HC-KAR NC: 2025:KHC:20249 CRL.P No. 7619 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7619 OF 2025 BETWEEN: NAGARAJA @ NAGARAJA V S/O VENKATESHAPPA AGED 31 YEARS PRAGATHI MITHRA FINSERV AND AGRICULTURIST, R/O DEVARAJ URS LAYOUT, VINOBHANAGARA DAVANAGERE TALUK AND DISTRICT - 577 002. …PETITIONER (BY SRI G.J. SUNKAPUR, ADV.) AND: THE STATE BY HIRIYUR TOWN POLICE STATION CHITRADURGA DISTRICT REPT. BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN HIRIYUR TOWN P.S. CHITRADURGA IN CR.NO.146/2024 PENDING ON THE FILE OF THE LEARNED PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT HIRIYUR FOR THE ALLEGED OFFENCE P/U/S 406,409,420,465,468,471 R/W 34 OF IPC BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20249 CRL.P No. 7619 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in Crime No.146/2024 registered by Hiriyur Town Police Station, Chitradurga, for the offences punishable under Sections 406, 409, 420, 465, 468, 471 read with Section 34 of IPC, is before this Court under Section 438 of CRPC, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.146/2024 was registered by Hiriyur Town Police Station, Chitradurga, for the aforesaid offences based on the first information dated 18.05.2024 received from Keshappa Durgad against Abdul Basha and others. Petitioner is arraigned as accused No.3 in the FIR. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.15/2025 before the jurisdictional Sessions Court which was rejected on 06.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner has been falsely implicated and he has no criminal antecedents. He is - 3 - HC-KAR NC: 2025:KHC:20249 CRL.P No. 7619 of 2025 ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. The material on record would go to show that first informant is the Area Manager of Pragathi Fin-serve Limited Company and accused persons are said to be the employees of the aforesaid Company in its Branch Office at Hiriyur, Chitradurga District. In the first information, it is alleged that auditing of the Branch Office of the Company at Hiriyur was done from 02.04.2024 to 08.04.2024 and in the Audit Report, it was found that an amount of Rs.36,32,576/- was misappropriated by accused persons named in the FIR during the period between October-2023 to January-2024. It is averred that accused persons had created 76 fraudulent accounts in the name of fictitious persons and a sum of Rs.36,32,576/- was transferred to the said accounts in the form of loan amount and thereafter said amount was misappropriated by accused persons. The alleged offence is punishable with life imprisonment. Learned HCGP has brought to the notice of this Court that petitioner has not cooperated - 4 - HC-KAR NC: 2025:KHC:20249 CRL.P No. 7619 of 2025 with the police for the purpose of investigation. Petitioner, who was occupying a responsible post has misused the trust and allegedly has misappropriated huge money. The bail application filed by accused No.2,who is similarly placed, has been rejected by this in Crl.P.No.2664/2025 disposed of on 21.03.2025. Under these circumstances, custodial interrogation of the petitioner becomes necessary. Therefore, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail cannot be granted. Accordingly, the petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK