HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 34 OF 2026 (KPIDFE)

C/W CRIMINAL APPEAL NO. 75 OF 2026 IN CRL.A No. 34/2026:

BETWEEN:

SRI G. GOPINATH S/O G.V. GOWDAIAH AGED ABOUT 55 YEARS R/O NO.321, PRAHARSHA NILAYA

11TH MAIN ROAD, 9TH CROSS BEML 3RD STAGE, R.R. NAGAR BENGALURU - 560 098.

…APPELLANT (BY SRI S.V. GIRIDHAR, ADV., FOR SRI SHATHABISH SHIVANNA, ADV.)

AND:

THE STATE OF KARNATAKA Digitally BY CUBBON PARK POLICE STATION signed by REPRESENTED BY SPP OFFICE SUMA B N HIGH COURT OF KARNATAKA Location: BANGALORE - 560 001.

HIGH …RESPONDENT COURT OF KARNATAKA (BY SRI VINAY MAHADEVAIAH, HCGP FOR SRI NARAYANA REDDY M, ADV.)

THIS CRL.A. IS FILED U/S.16 OF KPIDFE ACT PRAYING TO SET ASIDE THE ORDER DATED 18.12.2025 PASSED IN CRL.MISC.NO.10283/2025 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO.199/2025 BY THE CUBBON PARK POLICE FOR THE OFFENCE P/US/ 61(1),314,316(2),316(4),316(5),318(4),336(2),336(3),338,340(1),3 HC-KAR

40(2),344 OF BNS 2023 AND SEC.9 OF THE KPID ACT 2004 PENDING ON THE FILE OF THE 3rd ACJM COURT BENGALURU.

IN CRL.A NO. 75/2026:

BETWEEN:

SMT LAKSHMI R C/O RAMANUJA AGED ABOUT 38 YEARS RESIDING AT NO.611 ROYAL PARK RESIDENCY J.P. NAGAR, 9TH PHASE BENGALURU - 560 062.

...APPELLANT (BY SRI SHRAVAN MADHAV K.P, ADV.)

AND:

THE STATE OF KARNATAKA BY CUBBON PARK POLICE STATION REP. BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU - 560 001.

...RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP FOR SRI NARAYANA REDDY M, ADV.,)

THIS CRL.A. IS FILED U/S.16 OF KPIDFE ACT PRAYING TO SET ASIDE THE ORDER DATED 18.12.2025 IN CRL.MISC.NO.10313/2025 ARISING OUT IN CRIME NO.199/2025 PASSED BY THE HONBLE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-

1)

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL HC-KAR

ORAL JUDGMENT

1. Crl.A.No.34/2026 is filed by accused No.2, while Crl.A.No.75/2026 is filed by accused No.4 under Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (for short, 'the Act') being aggrieved by the order dated 18.12.2025 passed by the Court of Prl. City Civil & Sessions Judge, Bengaluru.

2. Facts in brief are as under:

That upon a complaint filed by the defacto complainant namely C.J.Muralidhar, the Former President of Employees Provident Fund Organization Staff Credit Co-operative Society Ltd., (hereinafter referred to as 'the Society') a case in Crime No.199/2025 dated 31.10.2025 came to registered for the offences punishable under Sections 61(1), 314, 316(2), 316(4), 316(5), 318(4), 336(2), 336(3), 338, 340(1), 340(2), 344 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS 2023').

3. The allegation is that accused No.2 being the Chief Executive Officer of the Society, having been authorized to transact and conduct the affairs of the society, had misappropriated a sum approximately amounting to Rs.70 HC-KAR Crores which were the deposits made by about 300 members who were the present and retired employees. The society had maintained its bank account with BD & BRDCC Bank, Malleshwaram Branch, with its account bearing No.000061904000203. That upon the investigation, a preliminary charge sheet consisting of 21 volumes running into 9,000 pages has already been filed. The allegations against accused No.4 is that she being the wife of accused No.3 who is also the accountant of the said bank, was the recipient of sum exceeding Rs.6.5 Crores.

4. Accused No.2 was arrested on 02.11.2025, while accused No.4 was arrested on 02.11.2025.

5. An applications were filed by the accused Nos.2 and 4- appellants herein under Section 483 of Bharatiya Nagarika Seva Sanhitha, 2023 (for short, 'BNSS, 2023')/Section 439 of Cr.PC before the Court of Principal City Civil & Sessions Judge, Bengaluru. By order dated 18.12.2025, the Sessions Judge has re