Sri. K. Mahesh v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15923 OF 2025 (438(Cr.PC) / 482(BNSS))

BETWEEN:

¶1SRI. K. MAHESH S/O. LATE KARIGOWDA AGED ABOUT 44 YEARS R/AT No.1055, HOSKERI BEEDI PERIYAPATNA TOWN MYSURU – 571 107. …PETITIONER

(BY SRI. VELLANKI RAVI, ADVOCATE)

AND:

¶1STATE OF KARNATAKA SHO, PERIYAPATNA POLICE STATION HUNUSUR SUB DIVISION MYSORE DISTRICT-571 107. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -560 001.

¶2STATE BY DEPUTY SUPERINTENDENT OF POLICE CRIMINAL INTELLIGENCE UNIT, CID 1ST FLOOR, JAYALAKSHMIPURAM P.S, VIJAYANAGARA III STAGE MYSURU-570 030. REPRESENTED BY STATE PUBLIC PROSECUTOR

Location: HIGH COURT OF KARNATAKA

HIGH COURT BUILDING BENGALURU -560 001. …RESPONDENTS

(BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL DIRECTING THE 1ST RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN CR. No.172/2025 OF PERIYAPATNA POLICE STATION, HUNSUR SUB DIVISION, MYSORE DISTRICT, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 316(2), 316(4), 319(2), 336(3), 340(2), 318(4), R/W 3(5) OF BNS.

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 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.172/2025 of Periyapatna Police Station registered for offences punishable under Sections 316(2), 316(4), 319(2), 336(3), 340(2), 318(4) read with Section 3(5) of BNS.

¶2Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent –State.

¶3Learned counsel for the petitioner would contend that there is allegation of misappropriation of funds by Shri B Rajkshekhar Reddy -Accountant in collusion with outsourced clerk Sri Madhu P. S. to the extent of Rs.6,95,89,602/-. He further submits that the one Preetham who is working under this petitioner has received Rs.1,80,00,000/- to his account from Madhu. The said amount of Rs.1,80,00,000/- is the business amount of the petitioner as he is carrying cable and rice business. The petitioner has submitted his bank details has been given to Investigating Officer and he is ready to co-operate in investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment. With these, he prays to allow the petition.

¶4Per contra, learned High Court Government Pleader for the respondent –State would contend that the total misappropriation of the amount in the case is Rs.6,87,44,000/-. The petitioner has received Rs.1,86,78,970/- from accused No.3. The said accused

No.3 -Preetham has received the said amount from Madhu, who was working as an outsource clerk in Tobacco Board and there is allegation of misappropriation of funds by the said Madhu P. S and B. Rajshekhar Reddy. The petitioner has been issued notice and he has not appeared for investigation. The petitioner is required for custodial interrogation. With this he prayed to reject the petition.

¶5Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record.

¶6As per FIR, One B. Rajshekhar Reddy - Accountant in collusion with an outsourced clerk namely Madhu P.S have misappropriated the funds of the Tobacco Board to the extent of Rs.6,95,89,602/-. During investigation the Investigating Officer has noticed that one Preetham who is working under this petitioner has received Rs.1,80,00,000/- from the said Madhu P.S. Thereafter, the said Preetham has transferred the said amount to the petitioner. It is submitted by learned

counsel for petitioner that the said amount received by petitioner through Preetam is pertaining to their business transaction. Whether the petitioner is involved in the misappropriation of funds of the Tobacco Board or not is a matter of investigation. The petitioner has undertaken to co-operate with the Investigating Officer in investigations and abide by any conditions to be imposed by this Court. 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.

¶7In the result, the following ORDER

i) The petition is allowed.

ii) The petitioner is ordered to be released on bail in the event of his arrest in Crime No.172/2025 of Periyapatna Police Station subject to following conditions: a) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute a bail bond for sum of

Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

b) The petitioner shall co-operate with the Investigating Officer in the investigation and appear before the Investigating Officer whenever called for.

c) The petitioner 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 facts to the court or police officer or tamper with the evidence.

d) The petitioner shall appear before the Investigating Officer on 1st and 3rd Sunday of every month for a period of two months or till filing final report whichever is earlier.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DSP List No.: 1 Sl No.: 11 Ct.sm