Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 34959 (KAR)

SANDEEP KUMAR v. THE STATE BY

CRL.P/9859/2026 · 2026-08-13

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010458812026 NC: 2026:KHC:43368 CRL.P No. 9859 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9859 OF 2026 BETWEEN: SANDEEP KUMAR S/O RAMESH A.T AGED ABOUT 40 YEARS R/AT ADARAGERE VILLAGE NIDAGERE, ESALURU HOBLI SAKLESHPURA TALUK HASSAN DITRICT. …PETITIONER (BY SRI ANANDA RAMACHANDRA DASS, ADV.) AND: THE STATE BY TOWN POLICE STATION CHIKKAMAGALURU DISTRICT STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO GRANT BAIL TO THE PETITIONERS AND DIRECT THE PRL. SENIOR CIVIL JUDGE AND CJM, AT CHIKKAMAGALURU TO RELEASE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR.NO.68/2026 REGISTERED BY CHIKKAMAGALURU TOWN P.S., FOR THE OFFENCES P/U/S 314,316,318 R/W 3(5) OF BNS, 2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010458812026 NC: 2026:KHC:43368 CRL.P No. 9859 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.1 in Crime No.68/2026 registered by Chikkamagaluru Town Police Station, Chikkamagaluru, for the offences punishable under Sections 314, 316, 318 read with Section 3(5) 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.68/2026 was registered by Chikkamagaluru Town Police Station, Chikkamagaluru, for the aforesaid offences against petitioner and another after a private complaint which was filed by Naveen Kumar, Regional Manager of Muthoot Microfin Limited, was referred by the jurisdictional Magistrate for the purpose of investigation. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.272/2026 before the Trial Court which was dismissed on 05.06.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010458812026 NC: 2026:KHC:43368 CRL.P No. 9859 of 2026 4. The material on record would go to show that a private complaint was submitted by Naveen Kumar, Regional Manager of Muthoot Microfin Limited, alleging that accused Nos.1 and 2, who were earlier working in the aforesaid financing company had misappropriated an amount of Rs.66,15,740/-, while they were in service and appropriate action was sought against them. It is under these circumstances, FIR was registered against the petitioner and another, after the aforesaid private complaint was referred for investigation by the jurisdictional Court of Magistrate. 5. The material on record would go to show that petitioner had served in the aforesaid financing company from November, 2021 to 19.05.2025. Private complaint has been filed in the present case much after he had left the company. The allegation in the private complaint is that money recovered from the borrowers by the recovery agents was handed over to the petitioner, who in turn had misappropriated the same without depositing the money to the account of the bank. It is not in dispute that the petitioner does not have any criminal antecedents. He has undertaken to cooperate with the police - 4 - HC-KAR CNR: KAHC010458812026 NC: 2026:KHC:43368 CRL.P No. 9859 of 2026 for the purpose of investigation. Considering the nature of allegations found against the petitioner and also delay in initiating appropriate action as against him, I am of the opinion that his prayer for grant of anticipatory bail needs to be answered affirmatively. 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 in Crime No.68/2026 registered by Chikkamagaluru Town Police Station, Chikkamagaluru, for the offences punishable under Sections 314, 316, 318 read with Section 3(5) 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. - 5 - HC-KAR CNR: KAHC010458812026 NC: 2026:KHC:43368 CRL.P No. 9859 of 2026 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.: 51