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2025 DAILYLAW 87818 (KAR)

MOHAN v. THE STATE OF KARNATAKA

CRL.P/13752/2025 · 2025-10-31

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43836 CRL.P No. 13752 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13752 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MOHAN S/O MUNIRAJ AGED ABOUT 29 YEARS R/O MUGABALA VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT - 562 114. …PETITIONER (BY SRI KRISHNAPPA N R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MALUR POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI CHANNAPP ERAPPA, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL IN CR.No.275/2024 REGISTERED BY MALUR P.S., PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC, MALUR, KOLAR DISTRICT, FOR THE OFFENCES PUNISHABLE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43836 CRL.P No. 13752 of 2025 UNDER SECTIONS 34, 406, 408, 419, 420, 465, 468,471 OF IPC. 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 the petitioner -accused No.2 under Section 482 of BNSS praying to grant of anticipatory bail in Crime No.275/2024 of Maluru Police Station registered for offences punishable under Sections 34, 406, 408, 419, 420, 465, 468, 471 of IPC. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent- State. 3. Learned counsel for the petitioner would contend that this petitioner is working as a data operator and he is an outsource employee and accused No.1 was working as an accounts officer. The allegation against accused No.1 is that he misappropriated a sum of Rs.1,75,00,000/-, he transferred it to 15 different - 3 - HC-KAR NC: 2025:KHC:43836 CRL.P No. 13752 of 2025 accounts and Rs.3,50,000/- to the account of this petitioner. The petitioner has withdrawn the said amount and handed over it to the accused No.1. The petitioner is ready to co-operate with the Investigating Officer in the investigation and abide by any terms and conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. The offence alleged against the petitioner is not punishable with death or imprisonment for life. With these, he prays to allow the petition and grant of anticipatory bail to the petitioner –accused No.1. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the investigation is in progress. In spite of service of notice, the petitioner has not appeared before the Investigating Officer for enquiry. The offence alleged against the petitioner is punishable with imprisonment which may extend upto 7 years. If the petitioner is granted anticipatory bail, he will hamper the investigation. With this he prayed for rejection of the petition. - 4 - HC-KAR NC: 2025:KHC:43836 CRL.P No. 13752 of 2025 5. Having heard learned counsels, this Court has perused the FIR, complaint and other materials placed on record. 6. As per averments of the first information filed by the Chief Officer, Municipality Malur that accused No.1 who was working as Accounts Officer has misappropriated a sum of Rs.1,75,00,000/- during 01.10.2013 to 08.08.2023 and transferred amounts to 15 different accounts including Rs.3,50,000/- to the account of this petitioner –accused No.2. Whether the petitioner is involved in commission of alleged offence is a matter of investigation and trial. The petitioner has undertaken to co-operate with the Investigating Officer in the investigation and abide by terms and conditions to be imposed by this Court. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. - 5 - HC-KAR NC: 2025:KHC:43836 CRL.P No. 13752 of 2025 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.275/2024 of Maluru Police Station subject to following conditions; a) The petitioner –accused No.1 shall appear before the Investigating Officer within 15 days from this date and execute a bail bond for Rs.1,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer. b) The petitioner –accused No.1 shall co-operate with the police in the investigation. c) The petitioner –accused No.1 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the - 6 - HC-KAR NC: 2025:KHC:43836 CRL.P No. 13752 of 2025 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. d) The petitioner –accused No.1 shall appear before the Investigating Officer whenever called upon. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 20 Ct.sm