Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010395382026 NC: 2026:KHC:38172 CRL.P No. 8286 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8286 OF 2026 BETWEEN:
HARIPRASAD P AGED ABOUT 47 YEARS, S/O LATE KUNJIRA POOJARY R/AT PALETHADI GUTTHU, MELANTHABETTU VILLAGE AND POST, BELTHANGADY TALUK, DK - 574 214 …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND:
THE STATE OF KARNATAKA BY BELTHANGADY P S, DAKSHINA KANNADA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001 …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.43/2026 REGISTERED BY BELTHANGADY POLICE STATION FOR THE OFFENCES P/U/S 408 AND 420 OF IPC, 1860, INCLUDING FURNISHING OF SURETIES.
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010395382026 NC: 2026:KHC:38172 CRL.P No. 8286 of 2026
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused in Crime No.43/2026 registered by Belthangadi Police Station, Dakshina Kannada District, for the offences punishable under Sections 420 and 408 of IPC, 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.43/2026 was registered by Belthangadi Police Station, Dakshina Kannada, for the aforesaid offences against petitioner herein based on the first information dated 29.04.2026 received from Parayya Shivalingayya Hiremath, Inspector of Posts, Belthangadi Sub-Division. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.412/2026 before the jurisdictional Sessions Court which was rejected on 21.05.2026. Therefore, he is before this Court.
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HC-KAR
CNR: KAHC010395382026 NC: 2026:KHC:38172 CRL.P No. 8286 of 2026
4.
Learned counsel for the petitioner submits that allegation against the petitioner relates to misappropriation committed during the period from December, 2019 to February, 2022. First information is belatedly filed after four years. In the meanwhile, petitioner undisputedly has deposited a sum of Rs.25,60,121/- and had repaid the amount allegedly misappropriated by him. For extraneous reasons, belatedly FIR is registered against him. He submits that on the very same day, a similar FIR was registered against one Sri. Shivananda, who was also working in the very same post office, during the subsequent period. In the said case, Shivananda has been granted anticipatory bail by the jurisdictional Court of Sessions Judge in Crl.Misc.No.442/2026.
5. Learned HCGP in reply submits that, in the case of Shivananda, the misappropriated amount is meager compared to the amount in the case of petitioner. He submits that petitioner has only repaid a portion of the misappropriated amount and the entire amount is not repaid.
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HC-KAR
CNR: KAHC010395382026 NC: 2026:KHC:38172 CRL.P No. 8286 of 2026
6.
Learned counsel for the petitioner in reply submits that if the amounts mentioned in the first information is calculated, the amount paid by the petitioner is in excess. Petitioner has no other criminal antecedents and is ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petition.
7. In the first information dated 29.04.2026 submitted by Inspector of Posts, Belthangadi Sub-Division, it is alleged that petitioner, who was working as a Post Master at Savanalu Branch Post Office during the period from 17.12.2019 to 24.02.2022 had misappropriated a total amount of Rs.45,65,400/- and out of the same, he had repaid a sum of Rs.25,60,121/- after enquiry notice was issued against him. As rightly contented by learned counsel for the petitioner, even if the total of amounts mentioned in the first information is taken into consideration, the same would not come to Rs.45,65,400/. Petitioner has repaid totally amount of Rs.25,60,121/- after he had received the enquiry notice.
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HC-KAR
CNR: KAHC010395382026 NC: 2026:KHC:38172 CRL.P No. 8286 of 2026
8. Similar complaint was submitted against one Shivanand and FIR in Crime No.42/2026 was registered against him for similar offences. In the said case, Shivanand was granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.442/2026. It is not in dispute that petitioner has no other criminal antecedents. 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. The records relating to the alleged fraud are all in possession of the employer and according to
learned counsel for the petitioner, after the amount of Rs.25,60,121/- was repaid in the month of February, 2022, petitioner has not gone to his office. Under the circumstances, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following
order:-
9. 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.43/2026 registered by Belthangadi Police Station, Dakshina Kannada
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HC-KAR
CNR: KAHC010395382026 NC: 2026:KHC:38172 CRL.P No. 8286 of 2026
District, for the offences punishable under Sections 420 and 408 of IPC, 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.: 54