Sri Channabasaveshwara H C Vs State by

SRI CHANNABASAVESHWARA H.C. S/O CHANDRAPPA H.G. AGED ABOUT 48 YEARS, R/O. VAIDHANATHESHWARA NILAYA, 4^TH MAIN, 5^TH CROSS, C. PARALLEL ROAD, OPP. SRI VENKATESHWARA TEMPLE, JAYANAGARA WEST, SHETTIHALLI TUMAKURU - 572 114 AND AS PER FIR EMPLOYEE IN FITWELL TOOLS AND FORGINGS PVT LTD, UNIT ANTHARASANAHALLI INDUSTRIAL AREA, TUMAKURU TOWN, TUMAKURU, KARNATAKA - 572 106. …PETITIONER (BY SRI. G.R.SREENIVAS, ADVOCATE)

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AND:

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STATE BY SHO, TUMAKURU RURAL POLICE, TUMAKURU, KARNATAKA - 572 101. REPRESENTED BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT

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(BY SMT. RASHMI PATEL, HCGP)

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NC: 2025:KHC:53557 CRL.P No. 14958 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CRIME NO.250/2025 FILED BY THE RESPONDENT POLICE (TUMAKURU RURAL POLICE STATION, TUMAKURU) AND PENDING BEFORE THE LEARNED I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION) AND JMFC, TUMAKURU, UNDER SECTIONS 316(4), 318(4), 336(3), 338, 340, 344 OF BNS 2023.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.2 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.250/2025 of Tumakuru Rural Police Station, registered for offence punishable under Sections 316(4), 318(4), 336(3), 338, 340 and 344 of Bharatiya Nyaya Sanhita, 2023.

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Heard learned counsel for petitioner and

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learned High Court Government Pleader for respondent - State.

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NC: 2025:KHC:53557 CRL.P No. 14958 of 2025

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HC-KAR

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Learned counsel for petitioner would contend that, the petitioner is working in the company of the complainant since last one and half years. The petitioner is working in accounts section and as per the resolution, he is not authorized to transfer any amount from the account of the company. The complainant is the person who is authorized to transfer the amount. Since the company has sustained loss, the complainant being a Managing Director has putting blame on others. Accused Nos.1 and 3 who are similarly placed to that of this petitioner have been granted anticipatory bail by this Court. The petitioner is ready to co-operate with Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition.

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Per contra, learned High Court Government Pleader for respondent would contend that, there is a transfer of Rs.59,00,000/- to the account of this petitioner. The investigation is in progress. The petitioner

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NC: 2025:KHC:53557 CRL.P No. 14958 of 2025

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HC-KAR

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is required for interrogation. With these, she prayed for dismissal of the petition.

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Having heard the learned counsels appearing

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for parties, the Court has perused the FIR, complaint and other materials placed on record.

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This Court while granting anticipatory bail to

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accused No.1 in Criminal Petition No.14896/2025 in the order dated 03.12.2025 has observed thus:

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"6. The petitioner is working as Assistant Manager in MIS accounts of the company. The complainant is the Managing Director. As per the resolution dated 24.01.2019, the authorized persons to transfer the amount does not include the name of the petitioner. The complainant being a Director along with other Director, President and Managing Director is authorized to transfer the amount. Whether this petitioner is involved in transfer of the amount to his account and also to the accounts of his relatives is a matter of investigation. The offence alleged against the petitioner is not punishable either

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5 - NC: 2025:KHC:53557 CRL.P No. 14958 of 2025

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HC-KAR

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with death or imprisonment for life. The petitioner has undertaken to cooperate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner."

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The petitioner and accused No.1 were working in accounts department. The allegation against the petitioner and accused No.1 are similar. Considering the same, the petitioner is also entitled for grant of anticipatory bail on the ground of parity. There are no criminal antecedents of the petitioner. The petitioner has undertaken to co-operate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court.

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Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;

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6 - NC: 2025:KHC:53557 CRL.P No. 14958 of 2025

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HC-KAR

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ORDER

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The Criminal Petition is allowed . The petitioner is granted anticipatory bail in Crime No.250/2025 of Tumakuru Rural Police Station and is ordered to be released on bail in the event his arrest, subject to following conditions:

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i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.

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ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety.

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iii) The petitioner shall not hamper the investigation and tamper the prosecution witnesses.

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iv) The petitioner shall appear before the Investigating Officer whenever called for.

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NC: 2025:KHC:53557 CRL.P No. 14958 of 2025

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HC-KAR

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v) The petitioner shall not directly or indirectly make any inducement or threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

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vi) The petitioner shall appear before the Investigating Officer on first and third Sunday of every month, for a period of three months or till the filing of the final report, whichever is earlier.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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KLV

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List No.: 1 Sl No.: 13

Sri Channabasaveshwara H C v. State by

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Sri Channabasaveshwara H C v. State by

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