Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010569822026 NC: 2026:KHC:45516 CRL.P No. 12583 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12583 OF 2026 BETWEEN:
NAMITHA W/O YOGISH AGED ABOUT 33 YEARS R/T YELKURI HOUSE NALKURU, BELTHANGADY TALUK DAKSHINA KANNADA. …PETITIONER (BY SRI MIHIR RAO B.K, ADV.) AND:
STATE OF KARNATAKA THROUGH THE BELTHANGADY POLICE STATION BELTHANGADY - 574 214 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 01. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS AND DIRECT THE INVESTIGATING OFFICER, BELTHANGADY P.S. TO RELEASE THE ABOVE PETITIONERS IN THE EVENT OF THEIR ARREST IN CR.NO.76/2026 PENDING BEFORE PRL.CIVIL JUDGE AND J.M.F.C COURT BELTHANGADY FOR THE OFFENCE P/U/S 408 OF IPC ON THEIR RECORD.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010569822026 NC: 2026:KHC:45516 CRL.P No. 12583 of 2026
ORAL ORDER
1. Accused in Crime No.76 of 2026 registered by Belthangadi Police Station, Dakshina Kannada District for offence punishable under Section 408 of IPC is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.
2. FIR in Crime No.76 of 2026 was registered by Belthangadi Police Station, Dakshina Kannada District for the aforesaid offence against the petitioner herein, based on the first information dated 14.07.2026 received from Sri Vinod Mascarenhas, Director of the society in which petitioner was earlier working as an Assistant Accountant. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.632 of 2026 before the jurisdictional Sessions Court, which was rejected on
03.08.2026. Therefore, she is before this Court.
3. A reading of the typed first information dated 14.07.2026 submitted by the Director of the Co-operative society, in which the petitioner was earlier working as an Assistant Accountant reveals that allegation against the petitioner is that during the period from 01.04.2022 to
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HC-KAR
CNR: KAHC010569822026 NC: 2026:KHC:45516 CRL.P No. 12583 of 2026
31.03.2024, when the petitioner was working in the society, she had misappropriated a total amount of Rs.18,81.896/-. First information was allegedly submitted after objection was raised in the audit report relating to the alleged misappropriation.
4.
Learned counsel for the petitioner has submitted that petitioner had resigned to her job with effect from 30.09.2024 and first information is submitted belatedly on
14.07.2026.
5. Material on record would also go to show that, petitioner is a married lady having a minor child and she is now pregnant. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Allegations made against the petitioner are based on documentary evidence and undisputedly, the said documents are in custody of the society. Since the petitioner has already resigned from her job there cannot be any apprehension that she may tamper with the said documents. Under the circumstances, I am of the opinion that
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HC-KAR
CNR: KAHC010569822026 NC: 2026:KHC:45516 CRL.P No. 12583 of 2026
the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:-
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 her arrest in Crime No.76 of 2026 registered by Belthangadi Police Station, Dakshina Kannada District for offence punishable under Section 408 of IPC, 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.
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HC-KAR
CNR: KAHC010569822026 NC: 2026:KHC:45516 CRL.P No. 12583 of 2026
3. The petitioner shall not tamper with the prosecution witness and she 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
NMS List No.: 1 Sl No.: 33