- 1 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10098 OF 2025 BETWEEN: MR. YASHWANTH KUMAR J S/O JAVARAPPA, AGED ABOUT 61 YEARS, INCHARGE SHOWROOM OFFICERS, NO.140, 2ND FLOOR, KALIDASA ROAD, MYSURU CITY, KARNATAKA. (NOTE: THIS ADDRESS IS AS PER FIR) PRESENTLY R/AT, NO.831/M, 4TH MAIN, 27TH CROSS, VIDHYARANYA PURAM, MYSURU-570 008. AADHAR NO.8709 3464 5439. …PETITIONER (BY SRI. SANDEEP K., ADVOCATE) AND: THE STATE OF KARNATAKA BY JAYALAKSHMIPURAM POLICE STATION MYSORE CITY. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) TO ENLARGE THE ACCUSED NO.1/PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.27/2025 IN THE EVENT OF ARREST, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (SR.DN) AND CJM, MYSURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(5), 318(3), 336(2), 336(3) AND 190 OF BHARATIYA NYAYA SANHITA, 2023 REGISTERED BY THE RESPONDENT, JAYALAKSHMIPURAM POLICE, MYSURU CITY IN THE EVENT OF PETITIONER ARREST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.1 in Cr.No.27/2025 of Jayalakshmipuram Police Station registered for offences punishable under Section 316(5), 318(3), 336(2), 336(3), 190 of BNS, 2023, has preferred this petition under Section 482 of BNSS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 3. The first informant by name Siddalinga Prasad S.G., working as Chief Manager, Karnataka Silk Industries Corporation Limited (for short ‘KSIC’), Mysuru Unit, lodged a complaint with the police on 14.6.2025, based on which the aforementioned crime was registered against seven named accused and others. Petitioner is arraigned as accused No.1. 4. It is averred in the complaint that in Mysuru there are six outlets of KSIC and to each of the outlet, in- charge Showroom Officers are appointed and to assist them, security guards as well as assistants are also appointed through outsource agency KSF 09. According to the requirement of the outlet, sarees were distributed through finished material godown of KSIC Silk Factory. The procedure for sale, transfer and stock will be registered through marketing software of M/s.ITWINE Technologies Pvt. Ltd. Further, the sarees are sold to the eligible Government officials on installments by receiving - 4 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 post dated cheques, on the approval of the in-charge Showroom Officer. 5. It is further averred that the outlet of the KSIC started to operate at Kalidasa Road, Jayalakshmipuram from March 2022. Accused No.1/petitioner was the in- charge Showroom Officer from 2.9.2024 to 31.5.2025. He retired on 31.5.2025 on attaining superannuation. On the day of retirement, one Venkatesh working as Storekeeper of the finished material section took charge of the said outlet. While taking charge of stock, cash, installments cheques and documents from accused No.1, he noticed four cheques amounting to Rs.1,11,500/- which were to be deposited to the Bank. Hence, he submitted a report along with cheques to the Department, in turn the same was reported to the Central Office. 6. Further averred that as per the direction of the Central Office, first informant constituted a Committee, who visited the outlet and inspected the records. They - 5 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 did not find installment cheques, receipts of Government servant/ customers. Hence, they submitted a report stating that the amount was not deposited to the account of KSIC. The said report was forwarded to the General Manager of Central Office to conduct a higher enquiry. On 8.6.2025, Finance and Accounts General Manager, Auditor and Marketing Manager from the Central Office, Bengaluru, visited the outlet at Kalidasa Road and conducted an enquiry and submitted preliminary report to the Chief Manager of Central Office (Finance) on 11.6.2025. On the basis of said report, as directed by the Managing Director, action was sought to be initiated against the in-charge Showroom Officer namely the petitioner and other outsource workers who were working along with him. 7. In brief, it is alleged by the complainant that the petitioner while working as in-charge Showroom Officer at KSIC situated at Kalidasa Road, Jayalakshmipuram from 2.9.2024 to 31.5.2025, colluding - 6 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 with other persons working along with him as outsource, fabricated fake receipts and sold sarees on installments to the Government office customers, without depositing the installment amount to the KSIC, thereby misappropriated a sum of Rs.18,75,100/- and cheated KSIC. 8. It is the contention of the learned counsel for petitioner that as per Rules, Finance Department of KSIC will conduct quasi internal audit and they would check cash sales as well as credit sales details and also make stock verification and during the audit, they have not found any misappropriation whatsoever, but it is only after the petitioner was retired, they have come up with a false story alleging cheating and misappropriation against the petitioner. 9. Learned counsel further submits that the petitioner was joined as a labourer and worked in KSIC for 40 years without any blemish and he was not qualified to be a Store in-charge Officer, but still he was appointed to - 7 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 the said post only for a period of eight months. After his predecessor was retired he was promoted to the said post. He would contend that the said post was vacant for a long time and now after retirement of the petitioner, he has been made a scape goat. 10. Learned High Court Government Pleader has contended that only after conducting an enquiry and on receiving the report that the petitioner and others have committed misappropriation and cheating, the present complaint was lodged. He contended that the petitioner is required for investigation and therefore, if he is released on anticipatory bail, he may not co-operate with the investigation of the case. 11. The complaint averments do not reveal about the audit conducted prior to the retirement of the petitioner. According to the learned counsel for petitioner, audit will be conducted quarterly and during such time there was no allegation against the petitioner that he has - 8 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 misappropriated the amount. No doubt, internal enquiry has been conducted by the officials of KSIC. Consideration of bail would depend on the facts and circumstances of each case. The prosecution has to establish its case against the petitioner in due course. The offences alleged are not punishable with death or imprisonment for life. Purpose of bail is to see that the accused would be available for investigation and during trial. The petitioner has undertaken to offer sufficient surety to ensure his regular presence before the jurisdictional Court and also to co-operate with the investigation of the case. Hence, by imposing suitable conditions, the relief sought by the petitioner can be granted. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.1 in Crime No.27/2025 registered by Jayalakshmipuram Police Station, Mysuru City, shall be released in the event of his arrest, subject to following conditions: - 9 - HC-KAR NC: 2025:KHC:29481 CRL.P No. 10098 of 2025 a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 38