IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1762 OF 2017 BETWEEN:
C. VENKATESH, S/O LATE M. CHEKEGOWDA, AGED ABOUT 55 YEARS, R/AT NO.362, GANESH BHANDAR MAIN ROAD, 5TH CROSS, T.K.LAYOUT, JANTHA NAGAR, MYSORE-570 009 ... PETITIONER (BY SRI. B.K. MOHAN, ADV., FOR SRI. ASHWATH C.M., ADV.,) AND:
STATE BY LAKSHMIPURAM POLICE, REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL. PETITION IS FILED U/S 438 CR.P.C PRAYING THAT THIS HON’BLE COURT BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.117/2016 OF LAXMIPURAM POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 406,408 AND 420 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP on behalf of the respondent-State.
2. The respondent-Police have registered a case against unknown persons in respect of the offence punishable under Section 406,408 and 420 of IPC in their Crime No. 117/2016. The allegation is that the Asst. Commissioner is having a Savings account in State Bank of Mysore, Mysore University Branch bearing account No. 54007590829. A cheque book was issued to the account holder. However, on 22.08.2016 an amount of Rs.4,00,000/- was transferred to IOB account of one Jayalakshmi and it is the case of the complainant that no cheque bearing No.061283 was issued in favour of anyone. The complainant suspects that cheque leaf was stolen, signature was forged and with the confidence of the Bank Officials, the offence was committed.
4. The petitioner is working as Group ‘D’ employee at office of Asst. Commissioner Office, Mysore. The petitioner submits that investigation is not commenced by the respondent police for last 3 months. However, now and then he is called by the police to the police station without serving no notice on him. Hence, the petitioner is unable to work peacefully in the office.
5. Sri. H.K. Badrinarayan, Co-employee working in the same office was also treated similarly and is granted bail by the order of this Court in Criminal Petition No.1376/2017. Having regard to the fact that the petitioner has cooperated with the Investigation Officer so far. There is justifiable basis for the apprehension of the petitioner that he will be arrested in the above case. Similarly placed accused Mr. H.K. Badrinarayan, is enlarged on bail by this Court in Crl.P.No.1376/2017. In the given circumstance, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Cr.No.117/2016 registered by the respondent-Police, subject to following conditions:
a. He shall furnish a bond for Rs.2.00 lakh (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. He shall appear before the Investigating Officer as and when required;
c. He shall cooperate in the investigation;
d. He shall not threaten or allure the prosecution witnesses Sd/- JUDGE Akv