The Karnataka High Court has granted anticipatory bail to a Bengaluru Electricity Supply Company (Bescom) employee, who is a person with disability, in a case involving an alleged material shortage worth over Rs 3.5 crore. The court considered his disability and lack of criminal history as significant factors in its decision.
Court's Rationale for Granting Bail
Justice Shivashankar Amarannavar passed the order on December 17, 2025, providing relief to the accused petitioner, Arun Kumar. Kumar, who served as an assistant storekeeper at Bescom, was facing charges under the Bharatiya Nagarik Suraksha Sanhita (BNSS) for criminal breach of trust and cheating.
The court explicitly noted several key points in its ruling. It stated that the petitioner is a handicapped person and has no criminal antecedents. Furthermore, the offences alleged against him are not punishable by death or life imprisonment. The court also recorded the petitioner's undertaking to cooperate fully with the investigating officer.
Details of the Allegations and Defence
The case originated from an internal audit conducted between March 18 and 31, 2025. The audit reportedly uncovered a shortage of materials and oil from the store, leading to an alleged loss of Rs 3.57 crore. Based on this, a case was registered at the Harihara Town police station in Bengaluru.
Arun Kumar's defence counsel presented several arguments before the bench. They highlighted contradictory allegations in the complaint regarding the total value of the loss. The counsel also pointed out that while Kumar was an assistant storekeeper, the storekeeper was not named as an accused in the complaint. A crucial point in the defence was that the audit period coincided with the petitioner's hospital admission.
Bail Conditions and Prosecution's Stance
The prosecution had opposed the bail plea, arguing that with over Rs 3 crore of public money at stake, the petitioner was absconding and his custodial interrogation was necessary. However, the court did not find these contentions convincing enough to deny bail.
The court granted bail subject to specific conditions. Arun Kumar must execute a personal bail bond for Rs 1 lakh. He is directed to appear before the investigating officer as required and cooperate with the ongoing investigation. Additionally, the court has prohibited him from threatening the complainant or any witnesses connected to the case.
This order underscores the judiciary's consideration of individual circumstances, such as disability and prior conduct, even in substantial financial loss cases involving public sector undertakings.
