- 1 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER 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. 12059 OF 2025 C/W CRIMINAL PETITION NO. 11935 OF 2025 CRIMINAL PETITION NO. 11952 OF 2025 CRIMINAL PETITION NO. 12272 OF 2025 IN CRL.P No. 12059/2025 BETWEEN: SRI. LAKSHMI NARASIMHA @ LAKSHMI NARASIMHA SWAMY S/O LATE PUTTAMADAYYA H.M., AGED ABOUT 60 YEARS, R/AT SIDDAYYANA PURA VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR-571 127. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: STATE OF KARNATAKA BY CHAMARAJANAGAR TOWN P.S., CHAMARAJANAGAR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.121/2025 OF THE RESPONDENT CHAMARAJANAGAR TOWN POLICE STATION, CHAMARAJANAGAR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420 OF IPC, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT AT CHAMARAJANAGAR. IN CRL.P NO. 11935/2025 BETWEEN: NAGARAJU B. S/O LATE BASAVAYYA, AGED ABOUT 56 YEARS, R/AT BEHIND VARTAKARA BHAVANA, SIDDHARTANAGAR, CHAMARAJANAGARA TOWN-571 313. ...PETITIONER (BY MISS. LENITA MATHIAS, ADVOCATE FOR SRI. P. PRITHVI KIRAN SHETTY, ADVOCATE) AND: STATE BY CHAMARAJANAGARA TOWN POLICE STATION, CHAMARAJANAGARA-571 313, REPRESENTED BY ITS S.P.P., HIGH COURT OF KARNATAKA, AT BANGALORE-560 001. ...RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE i.e., CHAMARAJANAGARA TOWN POLICE STATION IN - 3 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER RELATION TO THE CASE IN CR.NO.121/2025 AT ANNEXURE-A FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406 AND 420 OF THE IPC ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN.) AND CJM COURT, CHAMARAJANAGARA. IN CRL.P NO. 11952/2025 BETWEEN: 1. SRI. IN CRL.P NO. 11952/2025 BETWEEN: 1. SRI. MAHADEVAIAH S. S/O LATE SIDDAIAH @ KULLAIAH, AGED ABOUT 66 YEARS, PRESENTLY R/A ALURU VILLAGE, CHANDAKAVADI HOBLI, CHAMARAJANAGAR TALUK-571 117, AADHAR NO.:3577 5834 7455. 2. SRI. VENKATESH. G.V. S/O LATE VARADA MESTHRI, AGED ABOUT 72 YEARS, PRESENTLY R/A DR.B.R.AMBEDKAR ROAD, JYOTHIGOWDANAPURA VILLAGE, CHANDAKAVADI HOBLI, CHAMARAJANAGAR TALUK-571 117, AADHAR NO.:7681 7545 8958. 3. SRI. NAGARAJ K. S/O LATE KENCHAIAH, AGED ABOUT 54 YEARS, PRESENTLY R/A DR.B.R.AMBEDKAR ROAD, MASANAPURA VILLAGE, CHAMARAJANAGAR TALUK-571 117, AADHAR NO.:6727 7721 4310. 4. SRI. KANTHARAJU K. S/O LATE KYATHAIAH, AGED ABOUT 77 YEARS, PRESENTLY RESIDING AT AMACHAVADI VILLAGE, CHAMARAJANAGAR TALUK-571 127, AADHAR NO.:2182 6002 4573. - 4 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER 5. SRI. PRAGASH S/O MAHADEVAIAH, AGED ABOUT 51 YEARS, PRESENTLY RESIDING AT MUDNAKODU VILLAGE, CHAMARAJANAGAR TALUK-571 128, AADHAR NO.:3737 1070 8933. 6. SRI. MALLANNA A.S. S/O SIDDAIAH B., AGED ABOUT 69 YEARS, PRESENTLY RESIDING AT ALURU VILLAGE, CHAMARAJANAGAR TALUK-571 117, AADHAR NO.:3159 3612 5493. ...PETITIONERS (BY SRI. VEERABHADRAIAH M., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH CHAMARAJANAGARA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, CHAMARAJANAGARA. ...RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION AND GRANT THE ANTICIPATORY BAIL TO THE PETITIONERS NO.1 TO 6 IN CRIME NO.121/2025 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 406 AND 420 OF IPC PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SENIOR DIVISION) AND CJM COURT, CHAMARAJANAGARA DISTRICT AND DIRECT THE ASSISTANT SUB-INSPECTOR, CHAMARAJANAGARA TOWN POLICE STATION TO ENLARGE THE PETITIONERS NO.1 TO 6 ON BAIL IN THE EVENT OF ARREST. - 5 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER IN CRL.P NO. 12272/2025 BETWEEN: 1. SRI. C.K. RAVI KUMAR S/O KEMPAIAH, AGED ABOUT 52 YEARS, PRESENTLY R/AT NO.13/171, 3RD CROSS, AMBEDKAR BEEDHI, CHAMARAJANAGAR TOWN-571 313. AADHAR NO.4549 6293 7962. 2. SRI. N. RAJAGOPAL S/O LATE NARAYANA, AGED ABOUT 70 YEARS, PRESENTLY R/O BHOGAPURA VILLAGE, CHAMARAJANAGAR TALUK-571 117, AADHAR NO.9418 4578 7154. ...PETITIONERS (BY SRI. VEERABHADRAIAH M., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH ASI, CHAMARAJANAGARA TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ...RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) BY PRAYING TO ALLOW THE PETITION AND GRANT THE ANTICIPATORY BAIL TO THE PETITIONERS NO.1 AND 2 IN CRIME NO.121/2025 REGISTERED BY THE CHAMARAJANAGARA TOWN POLICE STATION (ASI) FOR THE OFFENCES PUNISHABLE U/S 406 AND 420 OF IPC, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (SENIOR DIVISION) AND C.J.M. COURT, CHAMARAJANAGAR DISTRICT AND DIRECT THE - 6 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER ASSISTANT SUB-INSPECTOR OF POLICE, CHAMARAJANAGAR TOWN POLICE STATION TO ENLARGE THE PETITIONERS NO.1 AND 2 ON BAIL IN THE EVENT OF ARREST IN THE ABOVE CASE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER These petitions arise out of Crime No.121/2025 of Chamarajanagar Town Police Station, registered for the offence punishable under Section 406 and 420 of IPC. 2. Crl.P No.12059/2025 is preferred by accused No.10, Crl.P No.11935/2025 is by accused No.18, Crl.P No.11952/2025 is by accused No.13, 17, 20, 14, 16 and 21 and Crl.P No.12272/2025 is by accused No.22 and 8, respectively. 3. Heard the learned counsel for petitioners, learned High Court Government Pleader for the State and perused the material on record. - 7 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER 4. FIR is registered on a complaint lodged by the Administrative Officer and Assistant Commissioner, Adi Karnataka Development Association, Chamarajanagar, against 23 accused. It is submitted by the learned counsel for petitioners that out of the said 23 accused, 11 persons are no more. 5. The factual matrix of the case is that the complainant-Administrator of Adi Karnataka Development Association was appointed by the State Government to look after the administration of Adi Karnataka Hostel Building Association. A departmental enquiry was held under Section 25 of the Karnataka Societies Registration Act, 1960, (in short ‘the Act’) in order to find out whether any financial fraud has taken place in the aforesaid Association. In the enquiry, it was found that there was no account or audit maintained from 1974-2024, resulting in a financial loss to the tune of Rs.1,92,56,026/-. - 8 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER 6. It is alleged that the members who served the Association between the year 1974-2024 are involved in the fraud and misappropriated the amount. 7. The State has filed a detailed statement of objections. It is contended by the learned High Court Government Pleader that a huge amount to the tune of Rs.1,92,56,026/- has been misappropriated by the members of the Committee, who worked as President/Treasurer/Secretary as well as by other members between 1974 and 2024. He contended that the persons involved have failed to maintain records as per Section 12 of the Act, such as Income and Expenditure, Cashbook, Books of Assets and Liabilities, Annual General Body meeting proceedings book, Committee meeting proceedings and committed criminal breach of trust and misappropriation of funds. 8. As per complaint averments, the accused named in the FIR have misappropriated the Society funds - 9 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER by not complying with the bylaws etc., and cheated the Association by misappropriating its funds. 9. An enquiry is said to have been conducted under Section 25 of the Act and a report is said to have been submitted. It is alleged that the accused have failed to maintain records and they have engaged in series of criminal misconduct in Association. 10. Offences are alleged to have been committed between 1974 and 2024. Complaint is lodged on 16.07.2025. FIR is registered against 23 accused and out of them, 11 are said to be no more. 11. It is contended by the learned counsel for petitioners that complaint is politically motivated and after an inordinate delay, false allegations are made against the present as well as erstwhile members of the Association. 12. It is contended that the enquiry was conducted without issuing any notice and undated enquiry report has been submitted, by suppressing the material facts, just to - 10 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER harass the petitioners. According to the learned counsel, petitioners are not party to the enquiry and no independent witnesses were named in the enquiry proceedings. 13. The allegations in the complaint have to be investigated into and established in due course. The offences alleged are not punishable with death or imprisonment for life. The petitioners have undertaken to cooperate with the investigation of the case. In the facts and circumstances, petitioners can be granted the relief sought by them imposing appropriate conditions. Accordingly, the following: ORDER i. Petitions are allowed. ii. Petitioners in the respective petitions shall be released in the event of their arrest in Crime No.121/2025 of Chamarajanagar Town Police Station, registered for the - 11 - HC-KAR NC: 2025:KHC:36934 CRL.P No. 12059 of 2025 C/W CRL.P No. 11935 of 2025 CRL.P No. 11952 of 2025 AND 1 OTHER offence punishable under Section 406 and 420 of IPC, subject to following conditions: a) They shall appear before the Investigating Officer within a period of 10 days from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum and shall cooperate with the investigation. b) They shall furnish their residential address/contact number and shall inform the I.O in case of any change in the address/contact number. c) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. d) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/List No.: 1 Sl No.: 47