- 1 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101468 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: SMT. VANI W/O RAGHAVENDRA NAIK, AGE: 33 YEARS, R/O. NILEKANI, SIDDAPUR ROAD, TQ. SIRSI, DIST. UTTAR KANNADA-581403. …PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: STATE OF KARNATAKA R/BY. ADDITIONAL STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH KUMTA P.S., UTTAR KANNADA-581403. …RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS 2023, SEEKING TO DIRECT THE KUMTA POLICE TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN THE EVENT OF HER ARREST IN RESPECT OF KUMTA P.S. CRIME NO.0018/2025 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 316(5) OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Girish A. Yadawad, learned counsel for the petitioner and Sri Praveena Y.Devareddiyavara, learned High Court Government Pleader for the respondent-State. 2. Petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) with following prayer: “To direct the Kumta Police to release the Petitioner (Accused No.1) on bail in the event of her arrest in respect of Kumta P.S. Crime No.0018/2025 registered for the offences punishable under Section 316(5) of BNS.” 3. Facts in a nutshell which are utmost necessary for disposal of the petition are as under: Kumta Police registered a case in Crime No.18/2025 based on the complaint lodged by Smt.Nagaveni Vinod Shetty being the Manager of Shri Yashodhara Naik Trust. Complaint averments would reveal that the petitioner who is working as Resource Person in the Trust and used to receive - 3 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 sum of Rs.7,000/- as honorarium and other benefits. About 57 small co-operative groups were working under the petitioner and she was required act as a Nodal Officer/liaison officer between the said small groups and the Karnataka Vikas Grameen Bank (‘KVG Bank’, for short) with regard to the repayment of the loans obtained for the said small groups. 3.1 When the matter stood thus, when there was a verification carried out with regard to the defaulters’ list, it is noticed that though the members of the small groups have repaid the loan amount, present petitioner failed to remit it to the KVG Bank and there was misappropriation to the tune of Rs.19,70,763/-. 3.2 When the petitioner was confronted with said misappropriation, she has given a letter to the Trust stating that she would pay sum of Rs.9,70,763/- before end of July, 2024 and balance sum of Rs.10,00,000/- on or before 31.08.2024. It is also alleged in the complaint that the said undertaking is in the handwriting of the petitioner and her husband is the witness for the said undertaking. - 4 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 3.3 Complaint averments would further reveal that despite such undertaking, petitioner failed to fulfill the same and therefore, action was sought against the petitioner. 3.4 After registering the case, police are investigating the matter. Petitioner is absconding and is not available for the investigation agency. She approached the District Court with a request to grant of anticipatory bail in Crl.Misc.No.56/2025 which came to be dismissed by an order dated 06.02.2025. Thereafter, petitioner is before this Court. 4. Sri Girish A.Yadawad, learned counsel for the petitioner reiterating the grounds urged in the bail petition contended that a false complaint has been lodged against the petitioner herein. 5. He also contended that infact there are several complaints filed against Yashodhara Ganapa Naik who is the president of the Trust in regard to his misbehavior with the lady employees of the said Trust and to substantiate the same, he has furnished few documents. - 5 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 6. He also contended that the petitioner is innocent of the offences alleged against her and a false case has been foisted against her when she resisted the misbehavior of President of Trust. Insofar as undertaking in the form confession letter mentioned in the complaint is concerned, he would contend that same is forcibly extracted from the petitioner and sought for grant of anticipatory bail. 7. Per contra, Sri Praveena Y.Devareddiyavara, learned High Court Government Pleader for respondent-State opposes the bail grounds with vehemence. 8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is not in dispute that the petitioner was working as a Resource Person and was working as a Nodal Officer/Liaison Officer between the KVG Bank and the proposed loanees in the small groups who were involved in doing small handicraft and other works. - 6 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 10. Trust had an understanding with the Bank at the time of loan and based on the undertaking and the agreement that has been entered into by the Trust and the Bank, the loans were disbursed. Material on record would reveal that the loan amounts were repaid by the loanees in installment, but the same has not been remitted by the petitioner to the Trust or the KVG Bank resulting in misappropriation of those amounts by the petitioner to the tune of Rs.19,70,763/-. 11. Prima facie these aspects of the matter would make it clear that custodial interrogation of the petitioner after arrest is very much necessary. Petitioner failed to establish that she is a law abiding citizen as the complaint came to be registered long back and she is not available to the investigation agency. Further, she failed to adhere to the undertaking allegedly given by her to the Trust at an undisputed point of time i.e., even before registering the criminal case. 12. Further, some cases pending against the president of the Trust would not ipso facto criminality that - 7 - NC: 2025:KHC-D:6893 CRL.P No. 101468 of 2025 has been caused by the petitioner. All these matters are to be investigated and Trust is to be unearthed. 13. Statements of the actual loanees are to be recorded by the investigation agency and presence of the present petitioner is very much necessary while recording such statements. 14. Accordingly, viewed from any angle, this Court does not find merit in any one of the grounds to grant the special relief of anticipatory bail. 15. Accordingly, following order is passed. ORDER Criminal petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:PA List No.: 1 Sl No.: 13