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High Court of Karnataka · body

2026 DAILYLAW 18778 (KAR)

SRI.C.BYRAREDDY, v. THE STATE OF KARNATAKA,

CRL.P/2534/2026 · 2026-06-02

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2508 OF 2026 C/W CRIMINAL PETITION NO. 2534 OF 2026, CRIMINAL PETITION NO. 2558 OF 2026, CRIMINAL PETITION NO. 2566 OF 2026, CRIMINAL PETITION NO. 2569 OF 2026, CRIMINAL PETITION NO. 2572 OF 2026 IN CRL.P No. 2508/2026: BETWEEN: 1. SMT. SOWMYA S S/O MANJUNATHA B.V AGED ABOUT 31 YEARS R/A BHOOMI SETTI HALLI VILLAGE CHIKKABALLAPURA - 563 146. 2. SRI K. SANTHOSH S/O LATE R. KONAPPA AGED ABOUT 48 YEARS R/A OFFICIAL LAYOUT MALAPALLI, CHINTAMANI TALUK CHIKKABALLAPURA - 563 125. 3. SRI NAGARAJ G AGED ABOUT 35 YEARS S/O GOPALA REDDY V R/A NEAR GOVT SCHOOL OOLAVADI, CHIKKABALLAPURA - 563 125. 4. SRI M. GOVINDE GOWDA S/O MULABAGALAPPA AGED ABOUT 60 YEARS KAMADENAHALLI, R/A.NO.8 BYLAHALLI VILLAGE, KOLAR - 563 101. …PETITIONERS (BY SRI NANJUNDA GOWDA M.R, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS AND: THE STATE OF KARNATAKA BY BATLAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.25/2025 OF BATLAHALLI POLICE FOR THE OFFENCES P/U/S 417, 420, 465, 467, 468 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND JMFC COURT, CHINTAMANI, CHIKKABALLAPURA DISTRICT. IN CRL.P NO. 2534/2026: BETWEEN: 1. SRI C. BYRAREDDY S/O CHOWDAPPA AGED ABOUT 58 YEARS R/A. NO.44, ANKALAMADAGU VILLAGE KADADANAMARI POST CHINTAMANI TALUK CHIKKABALLAPURA - 563 123. 2. SRI K. SANTHOSH S/O LATE.R.KONAPPA AGED ABOUT 48 YEARS R/A. OFFICIAL LAYOUT MALAPALLI, CHINTAMANI TALUK CHIKKABALLAPURA - 563 125. 3. SRI NAGARAJ G S/O GOPALA REDDY V AGED ABOUT 35 YEARS R/A, NEAR GOVT SCHOOL OOLAVADI, CHIKKABALLAPURA - 563 125. 4. SRI M. GOVINDA GOWDA S/O MULABAGALAPPA - 3 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS AGED ABOUT 60 YEARS R/A.NO.8, BYLAHALLI VILLAGE KAMADENAHALLI, KOLAR - 563 101. 5. SRI BALAJI S/O SHANKARAPPA AGED ABOUT 60 YEARS R/A. WARD NO.25, NNT ROAD NEAR KGN HIGH SCHOOL CHINTAMANI, CHIKKABALLAPURA - 563 125. 6. SRI KALEEM ULLA S/O MIR MOHAMMAD AMANULLA SHARIEFF AGED ABOUT 58 YEARS R/A. 623/1, AMVAR PET CIRCLE TIPPU SULTAN ROAD SRINIVASAPUR ROAD BANGARAPET, KOLAR - 563 101 NAME AND ADDRESS AS PER AADHAAR. ...PETITIONERS (BY SRI NANJUNDA GOWDA M.R, ADV.) AND: THE STATE OF KARNATAKA BY BATLAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.24/2025 OF BATLAHALLI POLICE FOR THE OFFENCES P/U/S 417, 420, 465, 467, 468 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND JMFC COURT, CHINTAMANI, CHIKKABALLAPURA DISTRICT. - 4 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS IN CRL.P NO. 2558/2026: BETWEEN: 1. SRI C. BYRAREDDY S/O CHOWDAPPA AGED ABOUT 58 YEARS R/A. NO.44, ANKALAMADAGU VILLAGE, KADADANAMARI POST CHINTAMANI TALUK CHIKKABALLAPURA - 563 123. 2. SRI K. SANTHOSH S/O LATE.R.KONAPPA AGED ABOUT 48 YEARS R/A. OFFICIAL LAYOUT MALAPALLI, CHINTAMANI TALUK CHIKKABALLAPURA - 563 125. 3. SRI NAGARAJ G S/O GOPALA REDDY V AGED ABOUT 35 YEARS R/A, NEAR GOVT SCHOOL OOLAVADI, CHIKKABALLAPURA - 563 125. 4. SRI M. GOVINDE GOWDA S/O MULABAGALAPPA AGED ABOUT 60 YEARS R/A.NO.8, BYLAHALLI VILLAGE KAMADENAHALLI, KOLAR - 563 101. ...PETITIONERS (BY SRI NANJUNDA GOWDA M.R, ADV.) AND: THE STATE OF KARNATAKA BY BATLAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) - 5 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.26/2025 OF BATLAHALLI POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 417, 420, 465, 467, 468 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE PRL. CIVIL. JUDGE (SR.DN) AND JMFC COURT, CHINTAMANI, CHIKKABALAPURA DIST. IN CRL.P NO. 2566/2026: BETWEEN: 1. SRI B. VENKATESHA MURTHY S/O T.V. BYRAPPA AGED ABOUT 56 YEARS R/A THOLAKANAHALLI MAIN ROAD THOLAKANAHALLI, HASSANDAHALLI KOLAR - 563 139. 2. SRI K. SANTHOSH S/O LATE.R.KONAPPA AGED ABOUT 48 YEARS R/A. OFFICIAL LAYOUT MALAPALLI, CHINTAMANI TALUK CHIKKABALLAPURA - 563 125. 3. SRI NAGARAJ G S/O GOPALA REDDY V AGED ABOUT 35 YEARS R/A NEAR GOVT SCHOOL OOLAVADI, CHIKKABALLAPURA - 563 125. 4. SRI M. GOVINDE GOWDA S/O MULABAGALAPPA AGED ABOUT 60 YEARS R/A.NO.8, BYLAHALLI VILLAGE KAMADENAHALLI, KOLAR - 563 101. 5. SRI BALAJI S/O SHANKARAPPA AGED ABOUT 60 YEARS R/A. WARD NO.25, NNT ROAD NEAR KGN HIGH SCHOOL CHINTAMANI, CHIKKABALLAPURA - 563 125. - 6 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS 6. SRI KALEEM ULLA S/O MIR MOHAMMAD AMANULLA SHARIEFF AGED ABOUT 58 YEARS R/A. 623/1, AMVAR PET CIRCLE TIPPU SULTAN ROAD, SRINIVASAPUR ROAD, BANGARAPET, KOLAR - 563 101. ...PETITIONERS (BY SRI NANJUNDA GOWDA M.R, ADV.) AND: THE STATE OF KARNATAKA BY KENCHARLAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.44/2025 OF KENCHARALAHALLI POLICE, FOR THE OFFENCES P/U/S. 417, 420, 465, 467, 468 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AND JMFC COURT, CHINTAMANI, CHIKKABALLAPURA DIST. IN CRL.P NO. 2569/2026: BETWEEN: 1. SRI B. VENKATESHA MURTHY S/O T.V. BYRAPPA AGED ABOUT 56 YEARS R/A.THOLAKANAHALLI MAIN ROAD THOLAKANAHALLI, HASSANDAHALLI KOLAR - 563 139. 2. SRI K. SANTHOSH S/O LATE R. KONAPPA AGED ABOUT 48 YEARS R/A OFFICIAL LAYOUT MALAPALLI, CHINTAMANI TALUK CHIKKABALLAPURA - 563 125. - 7 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS 3. SRI NAGARAJ.G S/O GOPALA REDDY V AGED ABOUT 35 YEARS R/A NEAR GOVT SCHOOL OOLAVADI, CHIKKABALLAPURA - 563 125. 4. SRI M. GOVINDE GOWDA S/O MULABAGALAPPA AGED ABOUT 60 YEARS R/A.NO.8, BYLAHALLI VILLAGE KAMADENAHALLI, KOLAR - 563 101. 5. SRI BALAJI S/O SHANKARAPPA AGED ABOUT 60 YEARS R/A. WARD NO.25, NNT ROAD NEAR KGN HIGH SCHOOL CHINTAMANI, CHIKKABALLAPURA - 563 125. 6. SRI KALEEM ULLA S/O MIR MOHAMMAD AMANULLA SHARIEFF AGED ABOUT 58 YEARS R/A. 623/1, AMVAR PET CIRCLE TIPPU SULTAN ROAD, SRINIVASAPUR ROAD BANGARAPET, KOLAR - 563 101. ...PETITIONERS (BY SRI NANJUNDA GOWDA M.R, ADV.) AND: THE STATE OF KARNATAKA BY CHINTAMANI RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.82/2025 OF CHINTAMANI RUAL P.S., FOR THE OFFENCES P/U/S 417,420,465,467,468 OF IPC, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, CHINTAMANI, CHIKKABALLAPURA DISTRICT. - 8 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS IN CRL.P NO. 2572/2026: BETWEEN: 1. SMT. VARALAKSHMI C W/O LAKSHMISHA C.K AGED ABOUT 40 YEARS R/A CHIKKA DASARAHALLI SIDLAGHATTA, MALAMACHANAHALLI CHIKKABALLAPURA - 562 120. 2. SRI K. SANTHOSH S/O LATE R. KONAPPA AGED ABOUT 48 YEARS R/A OFFICIAL LAYOUT MALAPALLI, CHINTAMANI TALUK CHIKKABALLAPURA - 563 125. 3. SRI NAGARAJ G S/O GOPALA REDDY V AGED ABOUT 35 YEARS R/A NEAR GOVT SCHOOL OOLAVADI, CHIKKABALLAPURA - 563 125. 4. SRI M. GOVINDE GOWDA S/O MULABAGALAPPA AGED ABOUT 60 YEARS R/A.NO.8, BYLAHALLI VILLAGE KAMADENAHALLI, KOLAR - 563 101. 5. SRI BALAJI S/O SHANKARAPPA AGED ABOUT 60 YEARS R/A WARD NO.25, NNT ROAD NEAR KGN HIGH SCHOOL CHINTAMANI, CHIKKABALLAPURA - 563 125. 6. SRI KALEEM ULLA S/O MIR MOHAMMAD AMANULLA SHARIEFF AGED ABOUT 58 YEARS R/A. 623/1, AMVAR PET CIRCLE TIPPU SULTAN ROAD, SRINIVASAPUR ROAD, BANGARAPET, KOLAR - 563 101. ...PETITIONERS (BY SRI NANJUNDA GOWDA M.R, ADV.) - 9 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS AND: THE STATE OF KARNATAKA BY KENCHARLAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING DR. AMBEDKER VEEDHI BENGALURU - 560 001. ...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THEM ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.42/2025 OF KENCHARLAHALLI POLICE, FOR THE OFFENCES P/U/S 417,420, 465, 467, 468 OF IPC WHICH IS NOW PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND JMFC COURT, CHINTAMANI, CHIKKABALLAPURA DISTRICT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY COMMON ORAL ORDER 1. Heard the learned counsel for the petitioners and learned HCGP on behalf of the respondent - State. 2. Though separate crimes are registered against the petitioners by different police stations, the allegation in all the cases are similar and therefore, above captioned criminal petitions are heard together and dispose of by this common order. - 10 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS 3. Petitioners are all employees of Kolar and Chikkaballapur DCC Bank and the following criminal cases have been registered against them before different Police Stations on the allegation that they had misappropriated money in the bank in which they are working. IN CRL.P.NO.2508/2026 Sl.No. Crime No. Police Station 1 25/2025 dated 05.03.2025 Batlahalli Police Station IN CRL.P.NO.2534/2026 Sl.No. Crime No. Police Station 1 24/2025 dated 04.03.2025 Batlahalli Police Station IN CRL.P.NO.2558/2026 Sl. No. Crime No. Police Station 1 26/2025 dated 05.03.2025 Batlahalli Police Station IN CRL.P.NO.2566/2026 Sl. No. Crime No. Police Station 1 44/2025 dated 04.03.2025 Kencharlahalli Police Station IN CRL.P.NO.2569/2026 Sl. No. Crime No. Police Station 1 82/2025 dated 05.03.2025 Chintamani Police Station - 11 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS IN CRL.P.NO.2572/2026 Sl. No. Crime No. Police Station 1 42/2025 dated 03.03.2025 Kencharlahalli Police Station 4. Apprehending arrest in the aforesaid cases the petitioners had filed bail application under Section 482 of BNSS, 2023 before the jurisdictional Sessions Court which was rejected. Therefore, they are before this Court. 5. Perusal of the allegation found in all aforesaid cases registered against the petitioners who are the employees of Kolar and Chikkaballapura DCC Bank would go to show that, they have allegedly misappropriated money in the bank in which they were working. Prior to approaching the police, it appears that, in some of the cases a complaint was filed before the jurisdictional Deputy Registrar of Cooperative Societies, who had held an enquiry under Section 65 of the Karnataka Cooperative Societies Act, 1959 and had submitted a report in which no allegations of misappropriation of amount by the petitioners was alleged. It also appears that prior to approaching the police a complaint was also filed before the - 12 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS Hon'ble Lokayuktha who had conducted an enquiry and the enquiry report submitted would also go to show that, there is no allegation against the petitioners or anybody else about misappropriation of funds belonging to Kolar and Chikkaballapura DCC Bank. Even in audit report there is no allegation about accused persons or anybody else misappropriating funds of Kolar and Chikkaballapura DCC Bank. It is under these circumstances, this Court in Crl.P.No.12125/2024 dated 22.11.2024 had granted anticipatory bail to some of the accused in Crime No.109/2024 registered by Batlahalli Police Station, Chikkaballapur District wherein similar allegations are found. 6. It is also brought to the notice of this Court that the petitioners had approached this Court by filing Crl.P.No.11824/2024 and connected petitions under Section 528 of BNSS, 2023 to quash the entire proceedings in the aforesaid criminal cases registered against them. In the said case, the Coordinate Bench of this Court had initially granted interim order. Subsequently, the said criminal petitions were all disposed of by order 20.02.2026 and in paragraph no.5 to - 13 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS 9 of the said order, the Coordinate Bench of this Court had observed as follows:- "5. The petitioners shall cooperate with the investigation and in the garb of investigation, the petitioners shall not be harassed. After post investigation, the State shall file its final report before the concerned Court. 6. In the event, the final report goes against these petitioners, it is open for these petitioners to knock at the doors of this Court. That liberty stands reserved. 7. The learned Senior counsel submits that since an interim order as aforequoted was granted, the Court answering the application on anticipatory bail, rejected the bail application that the interim order was granted by this Court. Now the investigation is directed to be continued, the application so filed that would have spent itself. 8. The petitioners are at liberty to file separate application seeking bail to anticipatory bail before the concerned Court and the concerned Court shall answer the same without broking any further delay. 9. The petitioners shall file necessary application seeking anticipatory bail before the concerned Court and the concerned Court shall answer the same within three weeks form the date of receipt of copy of this order." - 14 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS 7. Undisputedly, the petitioners have no criminal antecedents. It is not the case of the prosecution that the petitioners who were granted anticipatory bail in Crl.P.No.12125/2024 by this Court vide order dated 22.11.2024 had not cooperated with the police for the purpose of investigation. 8. Learned counsel for the petitioners herein has submitted that the petitioners are ready and willing to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and the punishment for the alleged offences is imprisonment for a period of seven years. It is also not in dispute that the petitioners have no criminal antecedents. Under these circumstances, I am of the opinion that, the prayer made by the petitioners in the above captioned criminal petitions seeking anticipatory bail needs to be granted subject to appropriate conditions. 9. Accordingly, the following:- - 15 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS ORDER The Criminal Petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime.No.25/2025 registered by Batlahalli Police Station, Crime.No.24/2025 registered by Batlahalli Police Station, Crime.No.26/2025 registered by Batlahalli Police Station, Crime.No.44/2025 registered by Kencharlahalli Police Station, Crime.No.82/2025 registered by Chintamani Rural Police Station and Crime.No.42/2025 registered by Kencharlahalli Police Station for the offences punishable under Sections 417, 420, 465, 467 & 468 of IPC subject to the following conditions: 1. Petitioners shall appear before the Investigating Officer in the aforesaid cases within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 16 - HC-KAR NC: 2026:KHC:25799 CRL.P No. 2508 of 2026 C/W CRL.P No. 2534 of 2026 CRL.P No. 2558 of 2026 AND 3 OTHERS 3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon. 4. Petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 65