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2026 DAILYLAW 30512 (KAR)

JAGANNATH v. STATE OF KARNATAKA

CRL.P/8422/2026 · 2026-07-22

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010400272026 NC: 2026:KHC:37735 CRL.P No. 8422 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8422 OF 2026 BETWEEN: JAGANNATH S/O LATE JAVAREGOWDA, AGED ABOUT 38 YEARS, R/AT NO.173/A, GENDEHOSSALLI VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT - 571 415. …PETITIONER (BY SRI. SANDESH T.B, ADVOCATE) AND: STATE OF KARNATAKA ARAKERE POLICE STATION, MANDYA DISTRICT - 571 415 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) OF CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL BY DIRECTING THE RESPONDENT POLICE TO ENLARGE HIM ON Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010400272026 NC: 2026:KHC:37735 CRL.P No. 8422 of 2026 BAIL IN EVENT OF HIS ARREST IN CRIME NO.6/2026 OF ARAKERE POLICE STATION FOR AN ALLEGED OFFENCE P/US/ 408, 406, 420 OF IPC 1860 PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT S.R.PATNA MANDYA DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in Crime No.6/2026 registered by Arakere Police Station, Mandya, for the offences punishable under Sections 408, 406 and 420 of IPC, is before this Court in this petition filed under Section 482 of Bharatiya Nagark Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard learned counsel appearing for the parties. 3. FIR in Crime No.6/2026 was registered by Arakere Police Station, Mandya, for the aforesaid offences against the petitioner herein based on the first information dated 12.01.2026 received from Sri J. M. Manoj, son of Mahadevu, Secretary of Gendehosalli Milk Producers Co-operative Society - 3 - HC-KAR CNR: KAHC010400272026 NC: 2026:KHC:37735 CRL.P No. 8422 of 2026 Ltd. Apprehending arrest in the said case, the petitioner had filed Crl.Mis.No.5117/2026, which was dismissed by the jurisdictional Sessions Court on 02.05.2026. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the petitioner was earlier working as Chief Executive Officer of the aforesaid Society and on the allegation of misappropriating a sum of ₹6,65,626.54 he was dismissed from service on 12.06.2024. The said order has been now questioned before this Court in WP.No.21770/2022, in which there is an interim order operating and the petitioner, on the strength of the said interim order has continued to work in the society. Subsequently, after a delay of more than one year six months years from the date of his dismissal, the present criminal case is registered against the petitioner, who has no other criminal antecedents. He is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, prays to allow the petition. - 4 - HC-KAR CNR: KAHC010400272026 NC: 2026:KHC:37735 CRL.P No. 8422 of 2026 5. Per contra, learned Additional State Public Prosecutor has opposed the petition and submits that allegation as against the petitioner is about misappropriation of the amount belonging to the society. Therefore, his custodial interrogation becomes necessary. Accordingly, she prays to dismiss the petition. 6. A reading of the first information would reveal that alleged misappropriation is for the period from 11.02.2022 to 16.10.2023. During the said period, the petitioner allegedly had misappropriated a total amount of ₹6,65,626.54 and on the aforesaid charges, a departmental enquiry was held against him and he was dismissed from service on 12.06.2024. It is brought to the notice of this Court by the learned counsel for the petitioner that his dismissal order has been now questioned before this Court in WP.No.21770/2022 and in the said writ petition there is an interim order dated 16.11.2022 which is still in operation. Though the petitioner was dismissed from service by the society on 12.06.2024 itself, first information is belatedly filed on 12.01.2026, which is after a lapse of more than 1 year 6 months from the date of his dismissal from - 5 - HC-KAR CNR: KAHC010400272026 NC: 2026:KHC:37735 CRL.P No. 8422 of 2026 service. The allegations made against the petitioner are based on the records of the society, which are undisputedly in the custody of the society. The petitioner, who has no other criminal antecedent, has undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, the following: ORDER (i) The petition is allowed. (ii) The respondent – Police or any other police in the State of Karnataka are directed to release the petitioner/Accused No.1 in the event of his arrest in Crime No.6/2026 registered by Arakere Police Station, Mandya, for the offences punishable under Sections 408, 406 and 420 of IPC, subject to the following conditions: a) The Petitioner shall appear before the jurisdictional court within 15 days from the date of receipt of the copy of this order and shall execute a personal bond before the concerned Court, for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the court. - 6 - HC-KAR CNR: KAHC010400272026 NC: 2026:KHC:37735 CRL.P No. 8422 of 2026 b) Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. c) Petitioner shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. d) The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 47