- 1 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11463 OF 2025 BETWEEN: SMT. SHRUTHI W/O. SHANKAR, AGED ABOUT 38 YEARS, R/AT GOPALAPURA VILLAGE, JAYAPURA HOBLI, MYSURU TALUK, MYSURU-570 008. …PETITIONER (BY SRI. N. KUMAR, ADVOCATE) AND: STATE BY YELAWALA POLICE STATION MYSURU- 571 130 REPTED: BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.202/2025 REGISTERED BY RESPONDENT YELWALA POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 406, 409, 417, 418, 420 OF IPC, PENDING ON THE FILE OF 2ND JMFC COURT, MYSURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 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 Petitioner is seeking anticipatory bail in a case registered against her in Crime No.202/2025 at Yelawala Police Station for the offence punishable under Section 406, 409, 417, 418 and 420 of IPC. 2. Heard both sides and perused the material on record. 3. The gist of the complaint lodged by the Executive Officer, Taluk Panchayat, Mysuru Taluk is that, petitioner worked as Master Book Writer between 18.06.2019 and 18.08.2023, holding responsibility of two village panchayats namely Gugralchatra and Anandooru Grama Panchayat. She was assigned with the responsibility of issuing receipts for the loan amount repaid by the members of women self-help groups. She has to maintain the cash book and Register, with the - 3 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 of 2025 responsibility of depositing the amount collected to the bank and get the same entered in the bank passbook. It is alleged that though the petitioner collected the amount, which was repaid towards the loan availed by the Women Self-help Groups, but failed to deposit to the bank and also not entered in the Register and cash books. It is further alleged that, petitioner having the responsibility of handling the cash received and maintaining the books of account and the Register, misappropriated to the tune of Rs.40,65,626/- as per the audit report and Rs.37,35,008/- as per internal audit report. 4. Learned High Court Government Pleader contends that petitioner has misused her position as a Master Book Writer and misappropriated a huge amount of two village panchayats, which is now confirmed by the audit reports conducted in respect of the said panchayats. He contended that the investigation is at the inception and if the relief of anticipatory bail is granted, petitioner will - 4 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 of 2025 destroy the evidence and will not cooperate with the investigation of the case. 5. Misappropriation allegedly committed by the petitioner is between 18.06.2019 and 18.08.2023, while she was working as a Master Book Writer, a Honorary post. It is the contention of the learned counsel that the petitioner was working under the supervision and control of Zonal Supervisor by name Parashivamurthy and she has discharged her duty as per his instructions. Considering petitioners credentials, she was employed as a Master Book Keeper and she was discharging her duty honestly. She has collected the amount and handed over the same to the Zonal Supervisor, designated as Cluster Supervisor, who was the custodian of the cash and entire documents. He contended, the allegations that the petitioner has misappropriated the amount is baseless and there was no such complaint whatsoever against the petitioner till she worked as Master Book Writer between 18.06.2019 till 18.08.2023. - 5 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 of 2025 6. Learned counsel further contended that, petitioner had complained against the Cluster Supervisor Sri Parashivamurthy to the Chief Executive Officer, Zilla Panchayat Mysuru on 15.05.2023, but no action was taken, on the other hand, complainant has made baseless allegations i.e., the Executive Officer, Taluk Panchayat, Mysuru has come up with the present complaint making false allegations against the petitioner, making her a scapegoat. 7. The alleged misappropriation has taken place between 18.06.2019 till 18.08.2023, when the petitioner was working as a Master Book Writer in respect of two panchayats. As per complaint averments, the internal audit conducted revealed about the misappropriation taken place in respect of the said panchayats. The complaint is lodged on 08.07.2025. Petitioner claims to be innocent. According to the petitioner she was working under the supervision and control of the Zonal Supervisor and no any complaint whatsoever was filed when she worked as the - 6 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 of 2025 Master Book Writer. Further, she herself is said to have complained to the Chief Executive Officer, Zilla Panchayat, Mysuru against the Cluster Supervisor in the year 2023. 8. The allegations against the petitioner is a matter which has to be investigated into and established in due course. The allegations in the complaint is based on the audit report. Presently, the petitioner is not working as the Master Book Writer in respect of the two panchayats. She is a woman. Her custodial interrogation, in the facts and circumstances of the case, may not be necessary. She has undertaken to cooperate with the investigation of the case. Hence, the relief sought by the petitioner can be granted by imposing suitable conditions. Accordingly, the following: ORDER i. Petition is allowed. - 7 - HC-KAR NC: 2025:KHC:33161 CRL.P No. 11463 of 2025 ii. Petitioner/accused in Crime No.202/2025 of Yelawala Police Station, Mysuru District, shall be released in the event of her arrest, subject to following conditions: a) She 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) She shall furnish her residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) She shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) She shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 39