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2026 DAILYLAW 23325 (KAR)

SRI SATHISH K v. STATE OF KARNATAKA

CRL.P/6320/2026 · 2026-06-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30800 CRL.P No. 6320 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6320 OF 2026 BETWEEN: SRI SATHISH K S/O KEMPANNA AGED ABOUT 33 YEARS RESIDING AT 1373, VIDYA GANAPATHI TEMPLE, SATHGALLI B ZONE UDAYAGIRI, MYSURU - 560 019. …PETITIONER (BY SRI PUNITH C, ADV.) AND: 1. STATE OF KARNATAKA BY METAGALLI POLICE STATION BY STATE PUBLIC PROSECUTOT HIGH COURT BUILDING BENGALURU - 560 001. 2. DR. SANATH KUMAR H.N MANAGING TRUSTEE OF VIKRAM EDUCATIONAL TRUST SANATH GROUP OF INSTITUTION 84/6, NEAR RSI JUNCTION RVS ROAD, KASABA HOBLI METAGALLI, MYSURU. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI AMAR GOWDA K.S, ADV., FOR R-2) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ANTICIPATORY BAIL IN THE EVENT OF ARREST TO THE PETITIONER FOR THE OFFENCE P/U/S 238, 306, 361(2), 316(4), 336(2), 336(3), 318(4), 344, 340(2) OF BNS AND SEC.43A AND 66 OF I.T ACT IN CR.NO.30/2026 METAGALLI P.S. ON THE FILE OF THE I ADDL.CIVIL JUDGE (SR.DN) AND C.J.M MYSUYRU CITY BY ALLOWING THIS PETITION. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30800 CRL.P No. 6320 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner, who is apprehending arrest in Crime No.30/2026 registered by Metagalli Police Station, Mysuru, for the offences punishable under Sections 66 and 43A of the Information Technology Act, 2008 and Sections 238, 306, 316(2), 316(4), 336(2), 336(3), 318(4), 344 and 340(2) of BNS, 2023, is 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.30/2026 was registered by Metagalli Police Station, Mysuru, for the aforesaid offences against petitioner and others based on the first information dated 24.03.2026 received from Dr. Sanath Kumar H N, managing trustee of Vikram Educational Trust. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.504/2026 before the jurisdictional Sessions Court, which was rejected on 15.04.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:30800 CRL.P No. 6320 of 2026 4. Material produced before the Court would go to show that petitioner was earlier working as an Accountant with the complainant trust i.e. Vikram Educational Trust. The allegations now made against the petitioner by the managing trustee of the aforesaid trust is that, during the course of discharge of his duty for the period from 01.01.2021 to 31.03.2025, petitioner along with the other accused persons has misappropriated the funds of the trust to the tune of Rs.2,36,26,000/-. 5. Learned counsel for the petitioner has produced certain documents before this Court which would reveal that petitioner has lodged some complaints against the management of the Educational Trust before the jurisdictional Deputy Commissioner and also before the Department of Education. It is only after such complaints were lodged by the petitioner, the present FIR was registered against him. Material made available to this Court would also reveal that prior to the first informant approaching the police on 24.03.2026, a suit was filed by him in OS No.326/2026 before the jurisdictional Civil Court at Mysuru on 16.03.2026, in which the petitioner herein is the defendant and the relief sought for is to restrain the - 4 - HC-KAR NC: 2026:KHC:30800 CRL.P No. 6320 of 2026 defendant from posting/publishing internet communications against the plaintiff, which are defamatory or tending to damage the reputation of the plaintiff. In the said suit, the trust is the first plaintiff, first informant is the second plaintiff and his wife is the third plaintiff. After a period of one week from the date of filing the said suit, the present criminal case has been registered against the petitioner. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be granted. Accordingly, the following order:- 6. 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 Crime No.30/2026 registered by Metagalli Police Station, Mysuru, for the offences punishable under Sections 66 and 43A of the Information Technology Act, 2008 and Sections 238, 306, 316(2), 316(4), - 5 - HC-KAR NC: 2026:KHC:30800 CRL.P No. 6320 of 2026 336(2), 336(3), 318(4), 344 and 340(2) of 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 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 witnesses 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 DN List No.: 1 Sl No.: 84