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2026 DAILYLAW 20199 (KAR)

SRI MADUSUDAN H N v. THE STATE OF KARNATAKA BY

CRL.P/4748/2026 · 2026-06-09

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27697 CRL.P No. 4748 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4748 OF 2026 BETWEEN: 1. SRI MADUSUDAN H.N S/O NARSEGOWDA AGED ABOUT 33 YEARS R/AT HADONAHALLI VILLAGE, BENGALURU RURAL DISTRICT, BENGALURU. 2. SRI SATISH G.N S/O LATE G.N. NAGABHUSHAN RAO NO-905, ANTHARANGANGE ROAD KEELUKOTE, NEAR BSNL TOWN KOLAR - 563 101. …PETITIONERS (BY SRI SRINATHA B.V, ADV.) AND: THE STATE OF KARNATAKA BY GULPET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI LAXMAN B, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.20/2026 OF REGISTERED BY GULPET POLICE FOR THE OFFENCE P/U/S 316(2),318(4) OF BNS ACT 2023 WHICH IS PENDING ON THE FILE OF THE 2ND ADDL.CIVIL JUDGE AND (JR.DN) AND J.M.F.C COURT KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27697 CRL.P No. 4748 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.20/2026 registered by Gulpet Police Station, Kolar, for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023, are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.20/2026 was registered by Gulpet Police Station, Kolar for the aforesaid offences against the petitioners herein based on the first information dated 13.02.2026 received from Girish, Chief Manager, Legal Cell of the Bank in which the petitioners were employed. Apprehending arrest in the case, petitioners had filed Crl.Misc.No.175/2026 before the jurisdictional Sessions Court which was rejected on 13.03.2026. Therefore, they are before this Court. 4. Accused No.1 was working as a Senior Assistant and accused No.2 was working as a Branch Manager in DCC Bank at Kolar. In the first information, which is filed by the Chief - 3 - HC-KAR NC: 2026:KHC:27697 CRL.P No. 4748 of 2026 Manager, Legal Cell of the aforesaid bank, he has alleged that by transferring a sum of Rs.60,000/- from a stagnant bank account to the bank account of his relative Smt. Sujathamms, which was subsequently transferred to his bank account, he had misused a sum of Rs.60,000/-. It is further alleged that accused No.2 had transferred an amount of Rs.7,730/- from the subsidy amount sanctioned by the State Government and thereafter, misused the same. 5. A reading of the first information itself would go to show that Smt. Sujathamma had subsequently re-deposited a sum of Rs.60,000/- which was transferred to her account from the stagnant account of Smt.Rathnamma. The alleged victims have not made any complaint either to the bank or to the police. It is not the case of the first informant that there was any audit report, which referred to the alleged misappropriation committed by the accused persons. The documents in question are all in the custody of the bank. Therefore, the question of the petitioners tampering with the same would not arise. Undisputedly, petitioners have no other criminal antecedents and they have undertaken to cooperate with the police for the - 4 - HC-KAR NC: 2026:KHC:27697 CRL.P No. 4748 of 2026 purpose of investigation. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of seven years. Under the circumstances, the following:- 6. The petition is 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.20/2026 registered by Gulpet Police Station, Kolar, for the offences punishable under Sections 316(2) and 318(4) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate - 5 - HC-KAR NC: 2026:KHC:27697 CRL.P No. 4748 of 2026 with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 88