- 1 - HC-KAR NC: 2025:KHC:34351 CRL.P No. 11406 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11406 OF 2025 BETWEEN: SAGAR KHARVI AGED ABOUT 23 YEARS, S/O ANAND KHARVI, R/A 12-204, KHARVI KERI, GANGAOLLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT-576 216. …PETITIONER (BY SRI. SHAHABUDDIN MOHAMMAD ANFAL, ADVOCATE) AND: STATE BY KUNDAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHI, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.3/2025 DATED 07.01.2025 REGISTERED BY THE RESPONDENT HEREIN, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KUNDAPURA, UDUPI DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTION 406, 409, 420 R/W 34 OF IPC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34351 CRL.P No. 11406 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner is arraigned as accused No.3 in Crime No.3/2025 of Kundapura Police Station, Udupi registered for the offence punishable under Section 406, 409, 420 r/w 34 of IPC. 3. It is alleged in the complaint lodged by one Gurubasavaraj K., working as Unit Manager, Koteshwara Branch, Bharat Financial Inclusion Limited, that the accused persons while working in the said finance limited have misappropriated a sum of Rs.20,39,415/- between 01.04.2023-30.06.2024. 4. It is alleged that the accused who had collected the amount from the customers towards repayment of - 3 - HC-KAR NC: 2025:KHC:34351 CRL.P No. 11406 of 2025 loan borrowed by them did not deposit the said amount in their respective accounts, on the other hand, misappropriated the same. 5. It is submitted by the learned counsel that the petitioner has worked in the complainant company from 04.04.2022 to 05.06.2024 as a Sales Manager. He has been promptly depositing the installment amounts collected from the customers to the account of financial institution. Except the present complaint, there is no other complaint lodged by any customers and no allegations are made against him that he has misappropriated the amount collected from them. It is further submitted that the petitioner was suspended from duty on 06.06.2024 and he was removed from the company on 18.12.2024. 6. As per complaint averments, accused No.1 has misappropriated a sum of Rs.5,40,487/-, accused No.2 has misappropriated a sum of Rs.11,92,430/- and accused No.3 i.e., petitioner herein has misappropriated a sum of - 4 - HC-KAR NC: 2025:KHC:34351 CRL.P No. 11406 of 2025 Rs.3,06,498/-, between 01.04.2023 and 30.06.2024 while they were working in the complainant financial institution. The complaint is lodged on 07.01.2025. The alleged fraud is based on documentary evidence and undisputedly, all the documents are in the custody of the complainant financial institution, wherein the first informant is working as unit manager. 7. Accused Nos.1 and 2 are granted anticipatory bail by this Court in Crl.P No.2336/2025 C/w 3316/2025 vide order dated 27.03.2025. Petitioner has no criminal antecedents. He has undertaken to cooperate with the investigation and to abide by other conditions. Considering that similarly placed accused Nos.1 and 2 are granted bail by this Court, relief sought in the petition can be granted by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:34351 CRL.P No. 11406 of 2025 ii. Petitioner/accused No.3 in Crime No.3/2025 of Kundapura Police Station, Udupi, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum and shall cooperate with the investigation. b) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 38