IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1348/2019 Between:
Smt. Chaithra M.S. W/o Rajesh H.G. Aged about 26 years R/o. No.1095, R.R. Road Magadi Town Magadi – 562 120.. ...Petitioner (By Sri Harish N.R, Advocate) And:
State of Karnataka By Magadi Police Station Represented its State Public Prosecutor High Court Buildings Bengaluru – 560 001. ...Respondent (By Sri M. Divakar Maddur., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of her arrest in Crime No.286/2018 of Magadi Police Station, Ramanagara for the offence punishable under Sections 406, 408, 409 and 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused under Section 438 of Cr.P.C. praying this Court to release her on anticipatory bail in the event of her arrest in Crime No.286/2018 of Magadi Police Station, Ramangara for the offences punishable under Sections 406, 408, 409 & 420 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the prosecution case is that the petitioner herein is working in postal department and while so working, she has not deposited the amount to the account collected by S.B/R.D account holders. Thereby, she has misappropriate the amount of Rs.1,05,650/- On the basis of which, a complaint has been registered.
4. It is submitted by the learned counsel for the petitioner/accused is innocent and she has not committed any offence and she has collected the said S.B/R.D account from members. Thereafter, she has credited the said amount to the concerned account. It is further submitted that whether the petitioner/accused has misappropriated the amount or not is the matter which has to be considered only at the time of the trial and the said offences are not punishable with death or imprisonment for life. It is further submitted that she is ready to abide any conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused while working in the postal department, she has misappropriate huge amount by not crediting the said amount to the concerned account. Still the investigation is in progress and if the petitioner is enlarged on bail, she may tamper with the prosecution witness and she may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the parties and perused the records.
7. Though several contentions have been raised, whether the petitioner/accused has misappropriated an amount of Rs.1,05,650/- is the matter which has to be considered and appreciated only at the time of the trial. The misappropriation, if it is committed that itself is the matter on record and the alleged offences are not punishable with death or imprisonment for life. It is noted that the petitioner has also been removed from the service. Under such circumstances, she cannot tamper the prosecution witness. Hence, I feel it just and proper by imposing some stringent conditions, the petitioner/accused may enlarged on anticipatory bail to meet the ends of justice.
8. Taking into consideration of the above facts and circumstances, the petition is allowed and the petitioner / accused is ordered to be released on anticipatory bail in the event of her arrest in crime No.286/2018 of Magadi Police Station for the offences punishable under Sections 406, 408, 409 and 420 of IPC subject to the following conditions:
1. In the event of arrest of petitioner/accused, the Investigating Agency is directed to enlarge her on bail on she executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. She shall surrender before the Investigating Officer within 15 days from today.
3. She shall not tamper with the prosecution evidence directly or indirectly in any manner and shall not indulge in similar type of offence.
4. She shall not leave the jurisdiction of the Court without prior permission.
5. She shall co-operate with the Investigating Officer and shall mark her attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till the charge-sheet is filed.
In view of disposal of the main petition, I.A. No.1/2019 does not survive for consideration. Accordingly, I.A. No.1/2019 disposed of.
Sd/- JUDGE nms