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Judgment
Accused in Crime No.76 of 2026 registered by Belthangadi Police Station, Dakshina Kannada District for offence punishable under Section 408 of IPC is before this Court in this petition filed under Section 482 of BNSS, 2023 seeking anticipatory bail.
FIR in Crime No.76 of 2026 was registered by Belthangadi Police Station, Dakshina Kannada District for the aforesaid offence against the petitioner herein, based on the first information dated 14.07.2026 received from Sri Vinod Mascarenhas, Director of the society in which petitioner was earlier working as an Assistant Accountant. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.632 of 2026 before the jurisdictional Sessions Court, which was rejected on 03.08.2026. Therefore, she is before this Court.
A reading of the typed first information dated 14.07.2026 submitted by the Director of the Co-operative society, in which the petitioner was earlier working as an Assistant Accountant reveals that allegation against the petitioner is that during the period from 01.04.2022 to 31.03.2024, when the petitioner was working in the society, she had misappropriated a total amount of Rs.18,81.896/-. First information was allegedly submitted after objection was raised in the audit report relating to the alleged misappropriation.
Learned counsel for the petitioner has submitted that petitioner had resigned to her job with effect from 30.09.2024 and first information is submitted belatedly on 14.07.2026.
Material on record would also go to show that, petitioner is a married lady having a minor child and she is now pregnant. The petitioner has undertaken to cooperate with the police for the purpose of investigation. Allegations made against the petitioner are based on documentary evidence and undisputedly, the said documents are in custody of the society. Since the petitioner has already resigned from her job there cannot be any apprehension that she may tamper with the said documents. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:-
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of her arrest in Crime No.76 of 2026 registered by Belthangadi Police Station, Dakshina Kannada District for offence punishable under Section 408 of IPC, subject to the following conditions:
The petitioner shall appear before the Investigating Officer in the present case within a period of fifteen days from the date of receipt of certified copy of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer/jurisdictional Court.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and she shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future