- 1 - HC-KAR NC: 2025:KHC:39873 CRL.P No. 12449 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12449 OF 2025 BETWEEN: 1. SRI PRITHESH K R AGED ABOUT 34 YEARS, S/O K RAMESH KUMAR, R/AT D NO.12-108/15, SHREE SHAKTI KRUPA, SHAKTHINAGARA, MANGALURU CITY - 575 016. …PETITIONER (BY SRI. HALEEMA AMEEN, ADVOCATE) AND: 1. STATE BY KANKANADY TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU -560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE (UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.90/2025 REGISTERED BY THE KANKANADY TOWN POLICE STATION, PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, D.K., MANGALURU, FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39873 CRL.P No. 12449 of 2025 OFFENCES PUNISHABLE UNDER SECTIONS 314 AND 316(5) OF BNS, 2023. 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 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of bail in Crime No.90/2025 of Kanakanady Town Police Station, registered for the offences punishable under Sections 314 and 316(6) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent - State. 3. Learned counsel for petitioner would contend that, the petitioner was working as a Cashier-cum-Joint Manager and he alleged to have misappropriated the gold pledged by the customers. A complaint was filed by the - 3 - HC-KAR NC: 2025:KHC:39873 CRL.P No. 12449 of 2025 Branch Manager and subsequently on coming to know the involvement of the Branch Manager in committing offence, she has been arraigned as accused No.5. Police have recovered one car, one bike and gold ornaments from the petitioner. The petitioner has voluntarily surrendered and he had been in custody for three days. She further submits that, investigation is completed and charge sheet has been filed. The case of the prosecution is based on documents and therefore, continuing the petitioner in judicial custody is not necessary. With these, she prayed to allow the petition. 4. Per contra, learned High Court Government Pleader would contend that, the petitioner has committed criminal breach of trust and has misappropriated the huge amount of gold pledged by the customers. Only car, bike and some of the gold ornaments have been recovered. The petitioner has committed a heinous offence and therefore, he is not entitled for grant of bail. With these, he prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:39873 CRL.P No. 12449 of 2025 5. Having heard the learned counsels appearing for the parties, this Court has perused the complaint, FIR and other materials placed on record. 6. The petitioner was working as a Cashier-cum- Joint Manager in Padavu Vyavasaya Seva Sanhakari Sangha Limited, Shakthinagar Branch. The complainant who has subsequently been arraigned as accused No.5 was a Branch Manager and she has entrusted the custody of pledging gold and cash amount to the petitioner. The petitioner stated to have misappropriated the gold pledged by the customers to the extent of 6,500.50 grams and cash of Rs.8,00,000/-. During investigation, Police have recovered car and gold ornaments weighing 149.27 grams and 42.930 grams from the petitioner. It is submitted that, investigation has been completed and charge sheet has been filed. Since the investigation is completed, the petitioner is not required for custodial interrogation. The case of the prosecution is based on documents and the - 5 - HC-KAR NC: 2025:KHC:39873 CRL.P No. 12449 of 2025 petitioner has undertaken to abide by the conditions imposed by this Court while granting bail. 7. Considering all these aspects, the petitioner has made out a case for grant of bail with conditions. In the result, I pass the following: ORDER This Criminal Petition is allowed. The petitioner is granted * bail in Crime No.90/2025 of Kanakanady Town 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 two sureties for the likesum to the satisfaction of the Jurisdictional Court. ii) The petitioner shall cooperate with the Police in investigation and make himself available for interrogation whenever required. *Deleted vide chamber Order dated 13.10.2025 - 6 - HC-KAR NC: 2025:KHC:39873 CRL.P No. 12449 of 2025 iii) The petitioner shall not tamper the prosecuting witnesses. iv) The petitioner shall appear before the Trial Court on all the dates of hearing unless exempted by the Court and cooperate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 30