IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9150 OF 2018 BETWEEN:
KASHIFULLAKHAN S/O NOORULLA KHAN AGED ABOUT 20 YEARS STUDENT R/AT NO.47, WARD NO.23, NEAR HDPD, MAZID NAGAR RAMANAGARA TOWN – 562 159 ...PETITIONER (BY SRI RAVINDRA B.DESHPANDE, ADV.) AND THE STATE OF KARNATAKA BY WILSON GARDEN POLICE STATION BENGALURU CITY – 560 027 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.178/2018 OF WILSON GARDEN POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 408 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.178/2018 of Wilson Garden Police Station, Bengaluru City. The said case is registered against the petitioner and the first accused Shaik Yameen for the offences punishable under Sections 408 and 420 of IPC, on the basis of complaint of one Suresh Kumar, the Brnach Head Writer of Safeguard Pvt.Ltd.
2. It is alleged that Safeguard Pvt.Ltd., an agency which was rendering Banking support services like cash transportation, cash management, Automated Teller Machine, Bulk Note Acceptor, servicing and cash replenishment, etc., had employed the accused in the said service. It is alleged that the first accused instead of replenishing the entire amount entrusted to him was retaining for himself a part of the amount and when petitioner questioned that, he paid him part of the amount so misappropriated. It is further alleged that the petitioner on receiving the said amount utilized that and became party to the misappropriation.
3. As per the complaint, the total amount misappropriated was `1,43,42,000/-. Both the accused are arrested and a sum of `11,95,000/- and a motor bike was recovered from the first accused and `1,00,000/- is said to be recovered from the present petitioner.
4. The petitioner is remanded to judicial custody on the report of the Investigating Officer that he is not required for any further investigation. The alleged misappropriation said to have taken place for a period from 21.2.2018 to 22.10.2018. As per the complaint, petitioner was employed in the aforesaid organization on 24.8.2018.
5. Petitioner is hardly 20 years old. He has no other criminal antecedents. The offences are triable by the Magistrate and carry maximum punishment of imprisonment upto seven years.
6. Under these circumstances, it is a fit case to grant bail with suitable conditions. Therefore, the petition is allowed.
Petitioner is granted bail in Crime No.178/2018 of Wilson Garden Police Station, Bengaluru City, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of `1,00,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Investigating Officer/Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses in any manner;
4) He shall mark his attendance before the Investigating Officer on alternate Sunday of each month till the charges are framed.
Sd/- JUDGE KNM/-