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2026 DAILYLAW 23939 (KAR)

SMT. SOUMYA v. THE STATE OF KARNATAKA

CRL.P/7208/2026 · 2026-06-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 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. 7208 OF 2026 C/W CRIMINAL PETITION NO. 7204 OF 2026 IN CRL.P No. 7208/2026: BETWEEN: 1. SMT. SOUMYA W/O G.R. RAMESH AGE ABOUT 38 EYARS R/A SIRA GATE NEAR TALUK PANCHAYAT MADUGIRI TOWN TUMAKURU DISTRICT - 572 132. 2. RAMESH G.R S/O SRI RANGAPPA AGE ABOUT 43 YEARS R/ASIRA GATE NEAR TALUK PANCHAYAT MADUGIRI TOWN TUMAKURU DISTRICT - 572 132. 3. SMT. SHIVALEELA W/O SRI SHIVARUDRAIAH AGE ABOUT 40 YEARS R/A BDO QUARTERS MADUGIRI TOWN MADUGIRI TALUK TUMAKUKRU DISTRICT - 572 132. …PETITIONERS (BY SRI GNANESH N.I, ADV., FOR SMT. VIJETHA R NAIK, ADV.) AND: THE STATE OF KARNATAKA THROUGH MADUGIRI POLICE STATION Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 of 2026 REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.61/2026 REGISTERED BY THE MADHUGIRI POLICE STATION FOR THE OFFENCES P/U/S 316(2),316(4), 316(5), 318(2), 318(4), 336(2) R/W SEC.3(5) OF BNS 2023 AND FOR THE OFFENCES U/S 66(C) OF THE INFORMATION TECHNOLOGY ACT, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM COURT, AT MADHUGIRI. IN CRL.P NO. 7204/2026: BETWEEN: 1. SRI PRAVEEN M.N S/O SRI M.N. NARASIMHAMURTHY AGED ABOUT 42 YEAWRS R/AT MVI EXTENSION GBN ROAD MADUGIRI TOWN, MADUGIRI ROAD TUMAKRUU DISTRICT - 572 132. 2. SMT. SUMA G.R D/O SRI RANGAPPA AGED ABOUT 38 YEARS R/AT KEB QUARTERS MADUGIRI TOWN MADUGIRI TALUK TUMAKURU DISTRICT - 572 132. 3. SMT. MEENAKSHI G.R W/O H MADHUSUDAN AGED ABOUT 43 YEARS R/AT BESIDE GUNDANJANEYA SWAMY TEMPLE, KORATAGERE TOWN KORATAGERE TALUK TUMAKURU DISTRICT - 572 132. ...PETITIONERS (BY SRI GANESH N.I, ADV., FOR SMT. VIJETHA R NAIK, ADV.) - 3 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 of 2026 AND: THE STATE OF KARNATAKA THROUGH MADHUGIRI POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNAT AKA BENGALURU - 560 001. ...RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THIS CRIMINAL PETITION AND ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.61/2026 REGISTERED BY THE MADHUGIRI POLICE STATION FOR THE OFFENCES P/U/S 316(2), 316(4), 316(5) 318(2), 318(4), 336(2) R/W 3(5) OF THE BNS 2023 AND SECTION 66(C) OF THE IT ACT PENDING ON THE FILE OF THE COURT OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM AT MADHUGIRI. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 to 6 are before this Court in these two petitions filed under Section 482 of BNS, 2023, seeking anticipatory bail in Crime No.61/2026 registered by Madhugiri Police Station, Tumakuru District, for the offences punishable under Sections 316(2), 316(4), 316(5), 318(2), 318(4), 336(2), 3(5) of BNS, 2023, and Section 66(C) of the Information Technology Act, 2008. 2. Heard the learned Counsel for the parties. - 4 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 of 2026 3. FIR in Crime No.61/2026 was registered by Madhugiri Police Station, Tumakuru District, for the aforesaid offences against Sowmya and five others based on the first information dated 09.04.2026 received from Lakshmana.B.S., Chief Executive Officer of Taluk Panchayath, Madhugiri. Apprehending arrest in the said case, accused nos.1 to 3 had filed Crl. Misc. No.5148/2026 and accused nos.4 to 6 had filed Crl. Misc. No.5149/2026 before the jurisdictional Sessions Court at Tumakuru. The said petitions were dismissed by the learned Sessions Judge on 05.05.2026. It is under these circumstances, accused nos.1 to 3 are before this Court in Crl.P.No.7208/2026 and accused nos.4 to 6 are before this Court in Crl.P.No.7204/2026. 4. Learned Counsel for the petitioners submits that accused nos.1 & 2 were arrested during the pendency of this petition, and therefore, Crl.P.No.7208/2026 may be dismissed as infructuous in so far as accused nos.1 & 2 are concerned. 5. The aforesaid submission is placed on record. - 5 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 of 2026 6. Learned Counsel for the petitioners submits that accused no.1 who is the relative of other accused has transferred the money to the account of the other accused. They were totally unaware that the said money was misappropriated by accused no.1. He submits that money was transferred to the account of other accused at the instance of the complainant. The money that was transferred to the account of the other accused persons was withdrawn and was handed over in cash to the complainant. Petitioners are ready and willing to co-operate with the police for the purpose of investigation. They do not have criminal antecedents. Accordingly, he prays to allow the petitions. 7. Per contra, learned Addl. SPP has strenuously opposed the bail petitions and submits that accused nos.1 & 4 had misused their office and have transferred earned leave encashment money of retired Government employees to the bank accounts of their relatives and totally an amount of Rs.4.24 Crores has been misappropriated. Money is transferred even to the account of accused no.4. The said money is yet to be recovered and the other persons involved in the crime have - 6 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 of 2026 to be unearthed, and for the said purpose, custodial interrogation of the accused persons is required. Accordingly, she prays to dismiss the petition. 8. A reading of the first information as well as other material available on record would go to show that based on the annual audit report, the first information is submitted as against the accused persons. The allegation in the first information is that accused no.1 who was working as Second Division Assistant in Madhugiri Taluk Office had misused her office and transferred the earned leave encashment money of retired Government employees to the bank accounts of her relatives including her husband (accused no.2), and thereby has misappropriated a sum of Rs.4,19,00,417/-. In the chart which is found in the first information, it can be seen that huge amount of money has been transferred to the account of accused nos.2 to 6. 9. It is the case of the prosecution that the said money has not been recovered and the same has been allegedly misappropriated by all the accused persons who have conspired to commit the crime. It is brought to the notice of this Court that transfer of the aforesaid money was over a period of time - 7 - HC-KAR NC: 2026:KHC:31116 CRL.P No. 7208 of 2026 C/W CRL.P No. 7204 of 2026 and there are more than a dozen transactions. Therefore, it cannot be said that the other accused persons were not aware of the money being transferred to their bank account, more so when the amount is very huge. 10. Considering the nature of allegations found as against the accused persons and since the misappropriated money is yet to be recovered, I am of the opinion that custodial interrogation of the accused persons becomes necessary in the present case. Accordingly, the following order: 11. Crl.P.No.7208/2026 as against accused nos.1 & 2 is dismissed as having been rendered infructuous. Crl.P.No.7208/2026 as against accused no.3 is dismissed. 12. Crl.P.No.7204/2026 as against accused nos.4 to 6 is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK