IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3254/2019 Between:
Dayananda Prabhu, S/o Late Prabhu, Aged about 52 years, R/at No.201, 3rd D Cross, 7th Main Road, Maruthi Layout, Subramanyapura Post, Uttarahalli, Bangalore – 560 016. … Petitioner (By Sri Swaminath A., Advocate) And:
State of Karnataka by SHO, Jayanagara PS, Bangalore – 560 011, Represented by Govt. Pleader, High Court Building, Bangalore City – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.175/2015 of Jayanagara Police Station, Bengaluru City for the offences p/u/s 465, 471, 420 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on anticipatory bail in the event of his arrest with respect to the proceedings in Crime No.175/2015 for the offences punishable under Sections 465, 471 and 420 of IPC.
2. The petitioner submits that non-bailable warrant has been issued pursuant to the proceedings initiated and there is an apprehension of arrest. The case of the prosecution is that a complaint has been filed by the Manager of the Indian Bank stating that while availing loan, accused has submitted documents stated to have been issued by the Chartered Accountant - M/s. Ramesh Subramanian & Associates. However, subsequently it has been found that the said documents furnished by the petitioner allegedly were not issued by the said Chartered Accountant. Accordingly, complaint is filed for the aforestated offences. Investigation is complete and charge sheet has been filed.
3. Learned High Court Government Pleader states that the petitioner is not entitled to any relief in light of the fact that at an earlier instance, petition filed by the petitioner seeking to be enlarged on bail came to be dismissed.
4. Learned counsel for the petitioner states that the earlier petition was filed prior to filing of charge sheet.
5. It is noticed that the present case relates to furnishing of document of Chartered Accountant and the Chartered Accountant has stated that the alleged audit report submitted has not been signed by him. This is a matter to be proved during trial. In light of fact that charge sheet has been filed and relevant documents have been seized, question of proof of the offence is a matter for trial 6. Taking note of the fact that the petitioner has approached the Court consequent to issuing of non- bailable warrant, petitioner could be enlarged on bail in the event of his arrest by imposing necessary conditions so as to co-operate with the investigation.
7. Accordingly, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.175/2015 for the offences punishable under Sections 465, 471 and 420 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.175/2015 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/-
(Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall co-operate with further investigation by appearing before the Investigating Officer as and when he is called upon.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP