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2025 DAILYLAW 28389 (KAR)

RAVIKUMAR H M v. THE STATE OF KARNATAKA

CRL.P/7965/2025 · 2025-06-23

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21812 CRL.P No. 7965 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7965 OF 2025 BETWEEN: RAVIKUMAR H.M S/O MANJUNATH AGED ABOUT 37 YEARS R/AT OPP MURULI PROVISION STORE, HIREMAGALUR VILLAGE JYOTHINAGAR POST CHIKKAMAGALURU TALUK AND DISTRICT - 577 101. …PETITIONER (BY SRI. GIRISH B BALADARE.,ADVOCATE) AND: THE STATE OF KARNATAKA BY CHIKKAMAGALURU RURAL POLICE CHIKKAMAGALURU - 577 101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ORDER FOR THE RELEASE OF THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.0067/2025, THE CASE IS REGISTERED BY CHIKKAMAGALURU RURAL POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCES P/U/S 406, 409, 417 AND 420 OF IPC PENDING ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU ON SUCH TERMS AND CONDITIONS DEEMS FIT. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21812 CRL.P No. 7965 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 in Crime No.67/2025 registered by Chickmagalur Rural Police Station, Chikkamagaluru District, for the offences punishable under Sections 406, 409, 417, 420 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.67/2025 was registered by Chickmagalur Rural Police Station, Chikkamagaluru District, against the petitioner herein for the aforesaid offences, on the basis of the first information dated 12.02.2025 received from Shashi Prasad.M.S. - President of the Society known as 'Ambale Primary Agricultural Credit Co-operative Society, Malalur. Apprehending arrest in the case, petitioner had filed Crl. Misc. No.192/2025 before the jurisdictional Sessions Court, which was rejected on 27.05.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:21812 CRL.P No. 7965 of 2025 4. Perusal of the material on record would go to show that petitioner was earlier working as the CEO of the aforesaid Co- operative Society from 20.09.2013 to 10.09.2024, and on 11.09.2024 as per the orders passed by the President of the Society, he has been kept under suspension. The allegation now made against the petitioner is that during the aforesaid period, he had caused loss to the tune of Rs.65,82,558/-to the society. 5. In the first information, it is alleged that the aforesaid loss is due to petitioner inappropriately collecting loan dues from the borrowers and there is no allegation against the petitioner that he had misappropriated any amount of the bank. Though it is stated in the first information that the first information is being submitted after the audit report, there is no such mention in the first information that in the audit report it was mentioned that the petitioner had misappropriated any amount. 6. Undisputedly, petitioner has no criminal antecedents. The records of the society based on which the criminal case is registered against the petitioner are in the custody of the - 4 - HC-KAR NC: 2025:KHC:21812 CRL.P No. 7965 of 2025 society and the petitioner who is now suspended has no access to the same. He has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. 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.67/2025 registered by Chickmagalur Rural Police Station, Chikkamagaluru District, for the offences punishable under Sections 406, 409, 417, 420 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. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 5 - HC-KAR NC: 2025:KHC:21812 CRL.P No. 7965 of 2025 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 KK