IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13577 OF 2025 BETWEEN:

1. MR KUMAR SHETTIGAR AGED 28 YEARS, S/O. KADYA SHETTIGAR, R/AT DOOR NO.2-79, PREETHI NAGAR, 1^ST CROSS ROAD, OPP. VINAYAKA PLASTIC FACTORY, KULAI, MANGALURU TALUK- 575 019.

…PETITIONER (BY SRI. VENKATESH SOMAREDDY, ADVOCATE FOR SRI.GANAPATHI BHAT, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA Digitally signed by LAKSHMINARA YANA THROUGH THE INSPECTOR OF POLICE, MURTHY RAJASHRI BAJPE POLICE STATION, Location: HIGH COURT OF REPRESENTED BY THE STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

…RESPONDENT (BY SMT. PUSHPALATH B., ADDITIONAL SPP)

THIS CRIMINAL PETITION IS FILED UNDR SECTION 438 OF CODE OF CRIMINAL PROCEDURE (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.1 DIRECTING THE RESPONDENT BAJPE POLICE TO RELEASE THE PETITIONER FORTHWITH ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.93/2024 OF BAJPE POLICE STATION PENDING ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K. FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 420, 465, 467, 468, 471 READ WITH 34 OF INDIAN PENAL CODE.

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 accused No.1 under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 seeking grant of anticipatory bail in respect of Crime No.93/2024 of Bajpe Police Station registered for offences punishable under Sections 420, 465, 467, 468, 471 and 34 of Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for respondent - State.

3. Learned counsel for petitioner would contend that, the petitioner/accused No.1 is alleged to have misappropriated a sum of Rs.49,94,000/- and has repaid a sum of Rs.17,24,000/- and Rs.20,60,000/- and balance amount of Rs.12,10,000/- is yet to be paid. He further submits that, the petitioner is ready to pay the balance amount of Rs.12,10,000/- and undertakes to file an affidavit to that effect. The petitioner is ready to cooperate with the police in investigation and abide the terms and conditions to be imposed by this Court. With these, he prayed to allow the petition.

4. Per contra, learned Additional Special Public Prosecutor would contend that, misappropriation of huge amount by the petitioner itself indicates the commission of offence alleged against him. He further contends that investigation is in process and if the petitioner is granted anticipatory bail, he may abscond and may not be available for trial. With these, she prayed for rejection of the petition.

5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, complaint and other materials placed on record.

6. A complaint was filed by Sri. Harish H.T., Manager, Canara Bank, Gurupura Kaikamba Branch, Mangaluru in Crime No.93/2024 of Bajpe Police Station for the aforesaid offences alleging that the petitioner who was working as Executive Relationship Officer and who had been deployed for Business Canvas has misappropriated an amount of Rs.49,94,000/-. In the said complaint it is mentioned that the petitioner has repaid a sum of Rs.17,24,000/- and Rs.20,60,000/- and balance amount of Rs.12,10,000/- is yet to be paid. As per the submission of learned counsel for petitioner, the petitioner admits his liability and he is ready to pay the balance amount of Rs.12,10,000/- and undertakes to file an affidavit to that effect. Even though, the case is registered on 17.05.2024, charge sheet is not yet filed. The petitioner is ready to abide the terms and conditions to be imposed by this Court.

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