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2026 DAILYLAW 35972 (KAR)

DEVARAJ HADIMANI v. STATE BY KTJ NAGAR PS

CRL.P/10607/2026 · 2026-08-20

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010489952026 NC: 2026:KHC:45083 CRL.P No. 10607 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10607 OF 2026 BETWEEN: DEVARAJ HADIMANI S/O BHARAMANNA HADIMANI AGED ABOUT 28 YEARS OCC EMPLOYEE AT BHARATH R/O. HAVANGI VILLAGE FINANCIAL INCLUSION LTD. HANGAL TALUK, HAVERI DISTRICT - 581 102. …PETITIONER (BY SRI RENUKA PRASA C.M, ADV., FOR SRI SIDDESHI N, ADV.) AND: STATE BY KTJ NAGAR PS DAVANAGERE. REPT. BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.92/2026 (REGISTER BY KTJ NAGAR P.S., DAVANAGERE) U/S.316(2),318(2),3(5) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE 3rD ADDL CIVIL JUDGE AND JMFC COURT AT DAVANAGERE BY ALLOWING THIS PETITION. 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: KAHC010489952026 NC: 2026:KHC:45083 CRL.P No. 10607 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in Crime No.92 of 2026 registered by KTJ Nagar Police Station, Davanagere District for offences punishable under Sections 316(2), 318(2) r/w Section 3(5) of BNS, 2023 is before this Court in this petition filed under Section 482 of BNS, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.92 of 2026 was registered by KTJ Nagar Police Station, Davanagere District for the aforesaid offences against Syed Adil and petitioner herein, based on the first information dated 31.05.2026, received from authorized representative of a financing company known as 'Bharat Finance Inclusion Limited'. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.504 of 2026 which was rejected on 25.06.2026. Therefore, he is before this Court. - 3 - HC-KAR CNR: KAHC010489952026 NC: 2026:KHC:45083 CRL.P No. 10607 of 2026 4. In the typed first information dated 31.05.2026, it is stated that, accused no.1 and accused no.2 were working as field officers in the aforesaid finance company and it is alleged that, they had collected money and thereby altogether they had misappropriated an amount of Rs.42,73,436/-. Insofar as the petitioner is concerned, it is alleged that, he had collected money as aforesaid from 71 customers of the financing company. However, till date particulars of any one of such customers has not been collected by investigation officer. It is not in dispute that petitioner has no other Criminal antecedents. He has undertaken to cooperate with the police for the purpose of investigation. It is not in dispute that, till date no complaint has been received from any one of the customers of the financing company alleging fraud committed by the accused in the present case. The alleged offences are triable by the Court of Magistrate and maximum punishment for the same is imprisonment for a period of seven years. 5. Considering the above aspects of the matter, the following:- - 4 - HC-KAR CNR: KAHC010489952026 NC: 2026:KHC:45083 CRL.P No. 10607 of 2026 ORDER (i) The Criminal Petition is allowed. (ii) 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.92 of 2026 registered by KTJ Nagar Police Station, Davanagere District for offences punishable under Sections 316(2), 318(2) r/w Section 3(5) of BNS, 2023, subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. - 5 - HC-KAR CNR: KAHC010489952026 NC: 2026:KHC:45083 CRL.P No. 10607 of 2026 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 74