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2025 DAILYLAW 70546 (KAR)

SRI MOHAN KUMAR K N v. THE STATE OF KARNATAKA

CRL.P/14896/2025 · 2025-12-03

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50324 CRL.P No. 14896 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14896 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN: SRI MOHAN KUMAR K.N. S/O NARASIMHARAJU, AGED ABOUT 35 YEARS, KALLENAHALLI VILLAGE, NITTTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 223. …PETITIONER (BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH TUMAKURU RURAL P.S. REP. BY SPP, HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNNS) PRAYING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.0250/2025 REGISTERED BY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50324 CRL.P No. 14896 of 2025 TUMAKURU RURAL POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 316(4), 318(4), 336(3), 338, 340, 344 OF BNS, 2023, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, TUMAKURU DISTRICT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.1 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.250/2025 of Tumakuru Rural Police Station, registered for offences punishable under Sections 316(4), 318(4), 336(3), 338, 340 and 334 of Bharatiya Nyaya Sanhita, 2023. 2. Heard learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned Senior Counsel for petitioner would contend that, the petitioner was working in accounts - 3 - HC-KAR NC: 2025:KHC:50324 CRL.P No. 14896 of 2025 section and as per the resolution, he is not authorised to transfer any amount from the account of the company. The complainant is the person who is authorized to transfer the amount. Since the company has sustained loss, the complainant being a Managing Director has putting blame on others. Accused No.3 who is similarly placed to that of this petitioner has been granted anticipatory bail by this Court. The petitioner is ready to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There is a delay in filing the complaint. With these, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for respondent would contend that, there is a transfer of Rs.1,63,65,478/- to the account of this petitioner and his relatives. The investigation is in progress. The petitioner is required for interrogation. With these, he prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:50324 CRL.P No. 14896 of 2025 5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. The petitioner is working as Assistant Manager in MIS accounts of the company. The complainant is the Managing Director. As per the resolution dated 24.01.2019, the authorized persons to transfer the amount does not include the name of the petitioner. The complainant being a Director along with other Director, President and Managing Director is authorized to transfer the amount. Whether this petitioner is involved in transfer of the amount to his account and also to the accounts of his relatives is a matter of investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. - 5 - HC-KAR NC: 2025:KHC:50324 CRL.P No. 14896 of 2025 7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.250/2025 of Tumakuru Rural Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer. ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety. iii) The petitioner shall not hamper the investigation and tamper the prosecution witnesses. - 6 - HC-KAR NC: 2025:KHC:50324 CRL.P No. 14896 of 2025 iv) The petitioner shall appear before the Investigating Officer whenever called for. v) The petitioner shall not directly or indirectly make any inducement or threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence. vi) The petitioner shall appear before the Investigating Officer on first and third Sunday of every month, for a period of three months or till the filing of the final report, whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 3