- 1 - HC-KAR NC: 2025:KHC:22711 CRL.P No. 7738 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7738 OF 2025 BETWEEN: YATHIRAJ. M., S/O MUNICHIKKANNA, AGED ABOUT 53 YEARS, RESIDING AT NO.783/B, 25TH CROSS, VIDYARANYAPURAM, MYSURU – 570 001. …PETITIONER (BY SRI. SANDESH T.B., ADVOCATE) AND: THE STATE OF KARNATAKA, BY MANDI P.S., MYSURU. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SRI.RANGASWAMY R., HCGP) THIS CRL.P. IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.19/2025 OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22711 CRL.P No. 7738 of 2025 MANDI P.S. FOR AN ALLEGED OFFENCE P/U/S 419, 420, 465, 468, 471 R/W 149 OF IPC PENDING ON THE FILE OF HONBLE PRL.CIVIL JUDGE AND J.M.F.C AT MYSURU. 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 No.5 in Crime No.19/2025 registered by Mandi Police Station, Mysuru, for offences punishable under Sections 419, 420, 465, 468 and 471 read with Section 149 of IPC is before this Court under Section 482 of BNSS 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.19/2025 registered by Mandi Police Station, Mysuru, for the aforesaid offences against Mahesh.P., Joint Registrar of the Co-operative Society, Bengaluru based on the first information on 19.03.2025 received from Jinnambe. V., wife of Manoj K.L., Apprehending arrest in the said case, petitioner who is - 3 - HC-KAR NC: 2025:KHC:22711 CRL.P No. 7738 of 2025 arraigned as accused No.5 in the FIR had filed Crl.Misc.No.541/2025 before the Jurisdictional Sessions Court, which was rejected on 25.04.2025. Therefore, petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner is the President of the Co-operative Bank and the allegation by the first informant, who is a unsuccessful candidate to the post of the Senior Accountant is that the accused persons have appointed candidate to the said post without following the circular No.RCS/RSR/XMC/41/2020-21 issued by the State Government. He submits that the aforesaid allegations would not attract the alleged offences against the petitioner. 5. Per contra, learned HCGP has opposed the petition. He submits that another criminal case has been registered against the petitioner. The allegations in the FIR are of serious in nature and accordingly, sought for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:22711 CRL.P No. 7738 of 2025 6. FIR in the present case was registered against the petitioner for the aforesaid offences on basis of the complaint by the unsuccessful candidate alleging that in the selection process to fill up the vacancy in Railway Co- operative Bank, Mysuru, the accused persons had not followed the circular bearing No. RCS/RSR/XMC/41/2020- 21 and in violation of the aforesaid circular had appointed 21 candidates and thereby cheated the first informant. Even if such an allegation is presumed to be true, I am of the view that the aforesaid offences will not get attracted against the accused in the present case. In the event the first informant who is a unsuccessful candidate is aggrieved by the selection of other candidates, it is for her to question the same before the appropriate forum. On the allegation that the circular issued has not been followed, the selectors cannot be prosecuted for the alleged offences. Learned Sessions Judge who has rejected the bail application of the petitioner, has granted - 5 - HC-KAR NC: 2025:KHC:22711 CRL.P No. 7738 of 2025 anticipatory bail to accused No.3 in Crl.Misc.No.486/2025 disposed of on 09.04.2025. 7. 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 has undertaken to co-operate with the police for the purpose of investigation. 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 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 registered by Mandi Police Station, Mysuru, for offences punishable under Sections 419, 420, 465, 468 and 471 read with Section 149 of IPC, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:22711 CRL.P No. 7738 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 RKA List No.: 1 Sl No.: 53