- 1 - HC-KAR NC: 2026:KHC:23019 CRL.P No. 6548 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL PETITION NO. 6548 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: NAGARJUNA H S S/O H V SADASHIVA, AGED ABOUT 38 YEARS, R/O SRI RANGANATHA NILAYA, HONNALI ROAD, RIGHT SIDE, KEB CIRCLE, NEAR NGEO HOUSE, BEHIND THIRUPALAYYA CHATRA, SHIVAMOGGA 577 204. …PETITIONER (BY SRI. H.S. CHANDRAMOULI, SENIOR COUNSEL FOR SRI. RAJATH, ADVOCATE) AND: THE STATE OF KARNATAKA BY JAYANAGAR PS, SHIVAMOGGA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU 560 001. …RESPONDENT (BY SMT. ASMA KOUSER, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER OF ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.16/2026 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 316(2) AND 318(4) OF THE BNS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23019 CRL.P No. 6548 of 2026 PENDING BEFORE THE LEARNED ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C I COURT IN SHIVAMOGGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner, who is accused in Crime No.16/2026 registered before Jayanagar Police Station, Shivamogga Sub-Division for the offences punishable under Sections 316(2), 318(4) of BNS 2023 is before this Court. 2. Learned Senior counsel appearing for the petitioner drawing attention of this Court to the contents of the complaint submits that admittedly the petitioner herein was erstwhile Chief Executive Officer (CEO) of the complainant-bank. He also draws attention of the Court to the documents at Annexures-E and F and submits that the petitioner had resigned from his post as a Chief Executive Officer of the complainant-bank as far back as on 26.06.2022. Thus he had no control or involvement in the affairs of the said bank. He further submits complaint only indicate that the complainant-bank had incurred certain expenses in they pursuing some parallel proceedings which the - 3 - HC-KAR NC: 2026:KHC:23019 CRL.P No. 6548 of 2026 complainant-bank is seeking recovery at the hands of the accused-petitioner, which under no circumstances can be considered to be an offence punishable under Sections 316(2), 318(4) of BNS 2023. He submits trial Court has not taken this aspect into consideration while looking at the application and seeks for allowing of the petition. 3. Learned HCGP accepts notice for respondent-State and opposing the petition submits that a serious allegation of misappropriation of funds to the tune of Rs.57,00,000/- of the complainant-bank is made and the matter is still under investigation. That it is also required to be ascertained if the petitioner had indeed resigned from the post of CEO as contended, hence seeks for rejection of the petition. 4. Heard and perused the records. 5. First page of the complaint dated 23.02.2026 indicate that the accused-petitioner herein who was earlier working as Chief Executive Officer of the complainant-bank between 23.09.2024 and 04.11.2024 had deposited an aggregate sum of Rs.57,00,000/- into his account in the complainant-bank and - 4 - HC-KAR NC: 2026:KHC:23019 CRL.P No. 6548 of 2026 that later he had transferred the said amount into the accounts of his wife, father, brother. That complainant's account in the bank has been frozen pursuant to an order passed by the Howrah Court of West Bengal and the directions by Cyber Police, Nagapur City, Cyber Crime, Gurgoan, Haryana, this had caused the bank to incur certain expenditure in a sum of Rs.3,69,000/- which resulted in loss of Rs.2,00,000/- of the complainant-bank. The amount of Rs.57,00,010/- deposited and withdrawn by the accused-petitioner requires to be investigated. Therefore the complaint. 6. As noted above, the petitioner is stated to have resigned from his post of Chief Executive Officer effective from 30.06.2022 which has been admitted even in the complaint. Thus as on the relevant period namely between 23.09.2024 and 04.11.2024 petitioner was not the Chief Executive Officer of the complainant-bank. Besides, the allegations in the complaint also indicate the accused-petitioner herein had merely deposited the said sum of Rs.57,00,000/- which is his own money and had withdrawn/transferred to the accounts of his relatives. It is not the case of the complainant-bank that - 5 - HC-KAR NC: 2026:KHC:23019 CRL.P No. 6548 of 2026 the accused-petitioner had either withdrawn or misused and misappropriate the funds belonging to the complainant-bank. 7. The concluding portion of the complaint indicate that in the process of certain case registered in West Bengal, Nagpur and Haryana, a sum of Rs.1,02,000/- of the complainant-bank had been frozen and in this regard, complainant-bank had incurred expenses of Rs.3,69,000/- which the complainant-bank intends to recover through the assistance of the respondent-police. 8. Except the above, there is no other allegation against the accused-petitioner. 9. In that view of the matter this Court is of the considered view that the complainant has made out a case for grant of anticipatory bail. Accordingly, following: ORDER Petitioner is directed to be enlarged on bail in the event of his arrest in Crime No.16/2026 registered by the Jayanagar Police Station, Shivamogga Sub-Division for the offences - 6 - HC-KAR NC: 2026:KHC:23019 CRL.P No. 6548 of 2026 punishable under Sections 316(2), 318(4) of BNS 2023, subject to following conditions: 1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the trial Court. 2. Petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co- operation in the investigation of the matter. 3. Petitioner shall appear before the trial Court and obtain regular bail within 15 days from the date of receipt of certified copy of this order. 4. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 5. Petitioner shall not tamper with the prosecution witness. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 4 Sl No.: 2