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NC: 2026:KHC:17153 CRL.P No. 2133 of 2026

HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 2133 OF 2026

(439(Cr.PC)/483(BNSS))

BETWEEN:

SRI. SADASHIVA VAIDYA

S/O VENKATRAMANA VAIDYA,

AGED ABOUT 53 YEARS,

R/O SRI DEVI KRIPA,

KAMASADINANE,

AMPARU VILLAGE, Di gitally

signed by UDUPI DISTRICT-576211.

PAVITHRA N …PETITIONER

Location:

(BY SRI. PARAMESHWAR N HEGDE.,ADVOCATE)

High Court of Karnataka

AND:

STATE OF KARNATAKA

THROUGH SHANKARANARAYANA PS,

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NC: 2026:KHC:17153 CRL.P No. 2133 of 2026

HC-KAR REP BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

BANGALORE-01 …RESPONDENT

(BY SMT. ANITHA GIRISH N., HCGP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS)

PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.01/2026, REGISTERED BY THE RESPONDENT SHANKARANARAYANA POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 314, 228, 316(4), 316(5), 319(1), 319(2), 318(2), 318(3) AND 318(4) OF BNS, 2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JUDICIAL MAGISTRATE

OF FIRST CLASS, KUNDAPUR.

THIS CRL.P, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2026:KHC:17153 CRL.P No. 2133 of 2026

HC-KAR

ORAL ORDER

1. The petitioner/accused is before this Court seeking

the grant of regular bail in Crime No.1/2026 of respondent- police, pending on the file of Prl. Civil Judge and Judicial Magistrate of First Class, Kundapur, for the offences under Sections 314, 228, 316(4), 316(5), 319(1), 319(2), 318(2), 318(3) and 318(4) of the Bharatiya Nyaya Sanhita, (for short,

‘BNS’) 2023.

Brief facts of the case

2. The case of the prosecution is that a complaint was

registered by the Chief Executive Officer, stating that the petitioner was working in that capacity for the year 2023-24. It is further alleged that during the said period, the petitioner has misused his capacity as an officer and created a fake account by showing fake liability and also created a fake deposit account. Consequently, he has misappropriated the amount of

Rs. 03,95,65,000/-. Hence, the complaint.

3. Based on the said complaint, the respondent police

registered a case. The investigation is under progress.

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NC: 2026:KHC:17153 CRL.P No. 2133 of 2026

HC-KAR

4. Heard Sri. Parameshwar N Hegde, learned counsel

for the petitioner and Smt. Anitha Girish N, learned HCGP for

respondent-State.

5. It is the submission of learned counsel for the

petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. The petitioner has not committed any offences as alleged in the complaint. The petitioner has a valid defence to demonstrate that he has not misused/misappropriated any funds of the Government. In fact, the Audit Report of the Assistant Registrar of Co-operative Society dated 24.02.2025, would indicate that the petitioner had deposited Rs. 3,65,00,000/- to the Society. Therefore, he may be enlarged on bail by imposing suitable conditions. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, learned

counsel for the petitioner prays to allow the petition.

6. Per contra, learned High Court Government Pleader

for the respondent-State vehemently submitted that the petitioner misappropriated the substantial amount. The said amount has been deposited by the customers of the said

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NC: 2026:KHC:17153 CRL.P No. 2133 of 2026

HC-KAR society. When the public funds are misappropriated, the Court should not show any leniency in such matters in order to

regulate such offences which may occur in future.

7. It is further submitted that the present petitioner

has deposited the amount in the Society, which itself would indicate that he has admitted the said misappropriation. Therefore, it is not appropriate to grant relief, as prayed for. Making such submissions, learned HCGP prays to reject the

petition.

8. Heard l

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