- 1 - HC-KAR NC: 2026:KHC:29564 CRL.P No. 5090 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5090 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. DR. BHARATH M. ACHARI @ M. BHARATH AGED 53 YEARS, RESIDING AT 302, FAIR HEAVENS, 3RD FLOOR, SR LAYOUT, DODDANEKUNDI, BENGALURU CITY, KARNATAKA – 560037. …PETITIONER (BY SRI. SAMEER S N., ADVOCATE) AND: 1. THE STATE BY SIDDAPURA PS REPRESENTED BY THE SENIOR PUBLIC PROSECUTOR, CITY CIVIL AND SESSIONS JUDGE COURT, BANGALORE. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S.438 OF (FILED U/S.482 BNSS) CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN THE EVENT OF HIS ARREST FOR OFFENCE P/US/ 316(5) OF BNS IN CRIME NO.33/2026 REGISTERED BY THE SIDDAPURA P.S., AND SUBMITTED TO THE 4TH ACMM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29564 CRL.P No. 5090 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The petitioner, who is apprehending arrest in Crime No.33/2026 registered by Siddapura Police Station, Bangalore, for offence punishable under Section 316(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS, 2023' for short), is before this Court in this criminal petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. 2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. 3. FIR in Crime No.33/2026 was registered by Siddapura Police Station against the petitioner for the aforesaid offence based on the first information dated 10.02.2026 received from Mr.B.S.Raghupathy, Joint Secretary, Karnataka German Multi Skill Development Corporation Society. Apprehending arrest in the said case, petitioner had filed Criminal Misc.No.2209/2026 before the - 3 - HC-KAR NC: 2026:KHC:29564 CRL.P No. 5090 of 2026 jurisdictional Sessions Court, which was rejected on 24.03.2026. Therefore, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the petitioner was initially appointed as Manager of the aforesaid Society on 01.01.2024 and subsequently, he was appointed as the Incharge Director in February 2024. A reading of the averments found in the first information would reveal that based on a newspaper publication with regard to alleged misappropriation, the first informant had approached the police and submitted a complaint against the petitioner. 5. It is not in dispute that the petitioner has no other criminal antecedents. There is no allegation in the first information that the petitioner has misappropriated any amount and on the other hand, allegation appears to be that he has exceeded his financial capacity and has released amount in excess to a Trust and thereby, committed criminal breach of trust. Petitioner is aged - 4 - HC-KAR NC: 2026:KHC:29564 CRL.P No. 5090 of 2026 about 53 years and he is said to be an Engineer, who was earlier working in Hindustan Aeronautics Ltd. He has undertaken to co-operate with the police for the purpose of investigation. 6. Under the circumstances, I am of the opinion that the prayer made by the petitioner for anticipatory bail needs to be answered affirmatively subject to imposing appropriate conditions. Accordingly, the following order: ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.33/2026 registered by Siddapura Police Station, Bangalore, for offence punishable under Section 316(5) of Bharatiya Nyaya Sanhita (BNS), 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and - 5 - HC-KAR NC: 2026:KHC:29564 CRL.P No. 5090 of 2026 shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DM List No.: 1 Sl No.: 69