- 1 - HC-KAR NC: 2026:KHC:5178 CRL.P No. 17101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17101 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI. HONNEGOWDA S/O, LATE EREGOWDA AGED ABOUT 58 YEARS R/AT PRESIDENT SRI DEVI NILAYA KUVEMPUNAGARA HASSAN TOWN – 573 201. …PETITIONER (BY SRI PRATHEEP K.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY HASSAN EXTENSION POLICE POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M M, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.No.269/2025 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5178 CRL.P No. 17101 of 2025 PENDING ON THE FILE OF THE HONBLE 4TH CIVIL JUDGE AND J.M.F.C, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406,408,420 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused No.1 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.269/2025 of Hassan Extension Police Station registered for offences punishable under Sections 406, 408, 420 read with Section 34 IPC. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State. 3. Learned counsel for the petitioner would contend that the petitioner was earlier working as President of Karnataka State Road Transport Employees Housing Cooperative Society and at that time tender was quoted for forming of layout and it was allotted to accused - 3 - HC-KAR NC: 2026:KHC:5178 CRL.P No. 17101 of 2025 No.3. Accused No.3 had deposited Rs.55,00,000/- as security deposit. Accused No.3 has entrusted the tender work to accused No.2. The said layout was formed and sites were allotted to the beneficiaries. The said security amount of Rs.55,00,000/- deposited by accused No.3 has been transferred to the bank account of accused No.2 as accused No.2 had done the layout work. There is no any misappropriation by the petitioner. The complaint is filed malafide by the new President of the Housing Cooperative Society. The petitioner is ready to co-operate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. With this, he prays to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent –State would contend that the matter is under investigation and petitioner is required for custodial interrogation. The petitioner alleged to have misappropriated Rs.56,40,390/- of the Housing Co- - 4 - HC-KAR NC: 2026:KHC:5178 CRL.P No. 17101 of 2025 operative Society. With this, she prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the complaint, charge sheet and other materials placed on record. 6. The allegation in the complaint is that this petitioner was working as President and tender was allotted for formation of layout. The tender was allotted to accused No.3 and he has deposited Rs.55,00,000/- as security deposit. After completion of the tender work instead of paying back the security amount to accused No.3, the petitioner has stated that the bond is lost and made representation in that regard and paid the security deposit with interest in sum of Rs.56,40,390/- to accused No.2. It is submitted that accused No.3 had not made claim over the said deposit amount of Rs.55,00,000/-. The entire case of the prosecution is based on documents. The petitioner has undertaken to co-operate with the Investigating Officer in investigation. The offences alleged - 5 - HC-KAR NC: 2026:KHC:5178 CRL.P No. 17101 of 2025 against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner. Considering the above aspects, the petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is ordered to be released on bail in the event of his arrest in Crime No. Crime No.269/2025 of Hassan Extension Police Station registered for offences punishable under Sections 406, 408, 420 read with Section 34 IPC subject to following conditions: a) The petitioner –accused No.1 shall voluntarily appear before the Investigating Officer within 15 days from this day and - 6 - HC-KAR NC: 2026:KHC:5178 CRL.P No. 17101 of 2025 execute bail bond for sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.1 shall appear before the Investigating Officer whenever called for and co-operate for investigation. c) The petitioner –accused No.1 shall not directly or indirectly make an inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with the evidence. d) The petitioner –accused No.1 shall appear before the Investigating Officer on every first and third Sunday of every month for a period of two months or till filing of the final report whichever is earlier. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 4 Ct.sm