IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.2376/2019 BETWEEN:
A.K.KOLLANNA, S/O LATE GANGANNA, AGE: 42 YEARS, R/AT BOMMALINGANAHALLI, HANGAL POST, MOLAKALMURU TALUK, CHITRADURGA DISTRICT – 577 223.
(BY SRI.K.NAGALINGAPPA, ADV.) AND:
THE STATE OF KARNATAKA, BY MOLKALMURU P.S., BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
(BY SRI. HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.15/2019 OF MOLAKALMURU P.S., CHITRADURGA FOR THE OFFENCE P/U/S 420, 409 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner and learned High Court Government Pleader. Perused the records.
2. The brief facts are that accused was working in the postal department at Kondlahalli Post Office. During the year 2018, that on 14.07.2018, the complainant visited the said Post Office and found that, the petitioner though collected an amount of Rs.1,10,500/- under the Small Scale Scheme from different khatedars, he has not deposited the same to the Post Office which fact also emerges from the Audit Report. Therefore the complainant has lodged a complaint alleging that, the accused - petitioner has committed offences under Sections 420 and 409 of IPC.
3. Learned counsel has produced a document before the Court showing that, the wife of the petitioner has already deposited an amount of Rs.1,50,000/- with the said Post Office in order to adjust the said amount towards the amount alleged to have been misappropriated by the petitioner.
4. Though Sections 420 and 409 of IPC are punishable with respect to cheating and for breach of trust etc., nevertheless, as the amount has already been recovered and further there is no apprehension that the petitioner may abscond from clutches of law, as learned counsel submits that the petitioner would abide by any conditions that may be imposed by the Court, and the offences are not punishable either for death or imprisonment for life, in my opinion, petitioner is entitled to be enlarged on bail subject to certain stringent conditions.
Hence, I pass the following:
ORDER The petition is allowed.
Consequently petitioner shall be released on bail in the event of his arrest in connection with Crime No.15/2019 of Molakalmuru police station for the offences under Sections 409 and 420 of IPC, pending on the file of Prl. Civil Judge (Jr. Dn.) & JMFC Court, Molakalmuru, Chitradurga, subject to the following conditions:
(i) Petitioner shall surrender himself before the I.O. within ten days from the date of receipt of a copy of this order and execute a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of I.O.;
(ii) Petitioner shall not indulge in hampering investigation or tampering prosecution witnesses;
(iii) Petitioner shall appear before I.O. as and when required for the purpose of investigation, interrogation etc.
(iv) Petitioner shall also mark his attendance once in fifteen days on every Sunday between 10.00 a.m. and 5.00 p.m. before the I.O. till filing of charge-sheet or for the period of two months whichever is earlier.
sac* Sd/-
JUDGE