- 1 - HC-KAR NC: 2025:KHC-D:17112 CRL.P No. 104296 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.104296 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: VIJAYKUMAR K.N. S/O. TIPPANNA, AGED ABOUT 37 YEARS, OCC. CASHIER, KVG BANK, GUDAGERI, R/O. WARD NO.6, KOTE AREA, KARATAGI-583229, DIST. KOPPAL. …PETITIONER (BY SRI. BASAVARAJ MATHAPATI, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH DHARWAD CEN P.S., REP. BY ADDL. S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. (UNDER SECTION 482 OF BNSS, 2023), PRAYING TO, ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.37/2023 REGISTERED BY DHARWAD CYBER ECONOMIC AND NARCOTIC (CEN) CRIME POLICE STATION, DHARWAD, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 420, 465, 467, 468 AND 471 OF THE INDIAN PENAL CODE, 1860, PENDING ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, DHARWAD, AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST AND ETC.,. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:17112 CRL.P No. 104296 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner is before this Court seeking for grant of anticipatory bail in Crime No.37/2023 of respondent/Police for the offence punishable under Sections 406, 409, 420, 465, 467, 468 and 471 of Indian Penal Code, 18601. Brief facts of the case: 2. The case of the prosecution is that the complainant who is working as Regional Manager of Karnataka Vikasa Gramina Bank, Gudageri Branch has stated in the complaint that the petitioner and others have misappropriated a sum of Rs.1,98,15,907.77/- and thereby, they have committed the offences as stated supra to the Bank. On the basis of the said complaint, the FIR came to be registered in Crime No.37/2023 for the offences stated 1 For short ‘IPC’ - 3 - HC-KAR NC: 2025:KHC-D:17112 CRL.P No. 104296 of 2025 supra. The respondent/Police registered a case, investigation is under progress. 3. Heard Sri. Basavaraj Mathapati, learned counsel for the petitioner and Sri. Jairam Siddi, learned High Court Government Pleader for respondent/State. 4. It is the submission of the learned counsel for the petitioner that, he was working as Cashier of the said Branch. All the transactions relating to the present case done through NEFT and RTGS. When such being the position, the question of committing misappropriation would not arise, is the contention of the learned counsel for the petitioner. 5. It is further contended that the petitioner is having apprehension of his arrest in the above case. If such being the position, hardship would be caused to the petitioner, therefore, he may be enlarged on bail by imposing suitable conditions. By making such submissions, the learned counsel for the petitioner prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:17112 CRL.P No. 104296 of 2025 6. Per contra, the learned High Court Government Pleader for respondent/State vehemently submitted that, huge amount is involved in the said scam. The accused was working as a Cashier during the relevant period. Prima facie his involvement is established during investigation. therefore, custodial interrogation is necessary. Hence, his bail application has to be rejected, is the contention of learned High Court Government Pleader. 7. Having heard the learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that, the Regional Manager has lodged a complaint against the Mahanteshgouda Ninganagouda Marigoudra who is arrayed as accused No.1. FIR is registered against accused No.1. During the investigation, the petitioner was summoned by the respondent/Police for interrogation. 8. Having gone through the averments of the complaint and notice issued by the respondent/Police, it appears that, there is an apprehension of arrest to the - 5 - HC-KAR NC: 2025:KHC-D:17112 CRL.P No. 104296 of 2025 petitioner. Hence, it is appropriate to grant anticipatory bail by imposing suitable conditions that would take care of apprehension of the prosecution. 9. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.37/2023 of respondent/Police on executing personal bond for a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Investigating Officer subject to following conditions; (a) The petitioner shall appear before the Investigating Officer within a period of one month from today to execute personal bond and also to furnish surety. (b) The petitioner shall co-operate with investigation till filing of the charge-sheet. - 6 - HC-KAR NC: 2025:KHC-D:17112 CRL.P No. 104296 of 2025 (c) The petitioner shall appear before the Trial Court on all hearing dates without fail. In case, if the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 2