- 1 - HC-KAR NC: 2025:KHC:36936 CRL.P No. 12344 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12344 OF 2025 BETWEEN: JAINISH KUMAR S/O RAVIKUMAR, AGED ABOUT 25 YEARS, R/AT NO.289, 8TH MAIN ROAD, 8TH CROSS, 8TH BLOCK, VISHWESHWARAIAH LAYOUT, MUDDINAPAYA, VISHWANEEDUM POST, BENGALURU-560 091. …PETITIONER (BY SRI. AVINASH A.P., ADVOCATE) AND: STATE OF KARNATAKA BY SIDDAPURA POLICE STATION, BENGALURU CITY. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN EVENT OF HIS ARREST IN CRIME NO.128/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS, 316(5) OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 OF RESPONDENT SIDDAPURA POLICE STATION, BENGALURU, PENDING ON THE FILE OF THE IV ADDL. CHIEF JUDICIAL MAGISTRATE COURT AT BENGALURU CITY. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36936 CRL.P No. 12344 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 at Siddapura Police station in Crime No.128/2025, for the offence punishable under Section 316(5) of BNS, 2023. 2. Law is set into motion by one B.L.Shashibhushan, working as Director, SDS TRC & RGICD Hospital, Someshwaranagar, 1st Main, Bengaluru City. 3. It is alleged that one Monish Kumar (accused No.1) working as contract Data Operator in the hospital was reported to work under one Santhosh Kumar, First Grade Assistant, who was looking after the cash department. The said Monish Kumar committed negligence and therefore, discontinued from the Data Operator work - 3 - HC-KAR NC: 2025:KHC:36936 CRL.P No. 12344 of 2025 from April 2025. During audit conducted for the year 2024–25, it was found that there was misappropriation of the Hospital fund to the tune of Rs.1,37,53,812/-. 4. It is alleged that accused No.1 in collusion with other accused have misappropriated the Hospital fund and certain money was transferred to the account of the petitioner using the mobile phone provided by the institution making use of the OTP pin received to the said mobile phone and the amount was transferred through online transaction. 5. Petitioner is not arraigned as an accused in the FIR. It is alleged that accused No.1 has transferred the amount pertaining to the Hospital through net banking etc. As per complaint averments, petitioner is said to have confessed that accused No.1 has transferred the amount to his account. 6. Accused No.1 was working in OPD Division having responsibility of depositing the amount - 4 - HC-KAR NC: 2025:KHC:36936 CRL.P No. 12344 of 2025 which was collected everyday. He is alleged to have committed misappropriation in collusion with the petitioner and transferred certain amount to the account of the petitioner. 7. It is submitted by the learned counsel for petitioner that, accused No.1 has been arrested and granted bail by the learned Magistrate. The allegations that the petitioner too is involved in the commission of offence, is a matter which has to be investigated into and established in due course. The offence alleged are not punishable with death or imprisonment for life. Petitioner has no criminal antecedents. He has undertaken to cooperate with the investigation of the case. In the facts and circumstances, relief sought in the petition can be granted by imposing conditions. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:36936 CRL.P No. 12344 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused No.2 in Crime No.128/2025 of Siddapura Police Station, Bengaluru City, 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. b) He shall be available for investigation, whenever required, and shall cooperate with the investigation. c) He shall furnish his residential address/contact number and shall inform the I.O in case of any change in the address/contact number. - 6 - HC-KAR NC: 2025:KHC:36936 CRL.P No. 12344 of 2025 d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 51