IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7663/2019 Between Mr. J.Zameer Ahamed, S/o Nabisab, Aged 49 years, Kudachi Post, Raibag Taluk, Belagavi District – 591311.
... Petitioner (By Sri.Janawade Chandrakant Dundappa, Advocate) And The State of Karnataka, By Kothnur Police Station. Represented by SPP, High Court of Karnataka, Bengaluru – 560001.
... Respondent (By Sri.Honnappa, HCGP) 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.30/2018 registered by Kothanur Police Station, Bengaluru for the offence punishable under Sections 406 and 420 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. M/s.Venkateshwara Hatchers Private Limited who is the employer of the petitioner, lodged a private complaint in PCR No.50221/2018 and the same was referred for investigation and report by the 11th Additional Metropolitan Magistrate, Mayohall, Bengaluru on which basis FIR was registered.
3. The brief allegations are that;
The petitioner was working as a delivery boy since 2004 with the complainant and for a period of more than 17 years he worked there. On 02.01.2017, he has not deposited an amount of Rs.6,38,213/- collected from the customers of the Company and he left the Company by cheating the Company. The complaint averments discloses that on 17.01.2017, the same was informed to the petitioner and he in fact had gone to the complainant’s company and requested some time to repay the said amount. The accused did not repay the said amount. It appears that a private complaint has been filed. There is a long delay in lodging the complaint and it was filed on 19.12.2017 though the offence came to the knowledge of the complainant on 02.01.2017 itself.
4. Looking to the above said facts and circumstances, it is like a civil dispute between the parties. Under the above said facts and circumstances, and as the offences are not punishable with death or imprisonment for life, the petitioner is entitled to be enlarged on anticipatory bail by imposing certain conditions. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner shall be released on bail in the event of his arrest in connection with Crime No.30/2018 of Kothanur Police Station on the file of XI Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru for the alleged offences subject to the following conditions :-
i. The petitioner shall surrender himself before the jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii. The petitioner shall not indulge in hampering in investigation or tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
v. The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the filing of the charge sheet which ever is higher.
NBM Sd/- JUDGE