IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 4499 OF 2019 BETWEEN:
KESHAV NAYAK M C S/O CHENNAPPA @ CHINNAPPA AGED ABOUT 27 YEARS R/O NO.62, BEML LAYOUT SAIBABA TEMPLE STREET BEHIND NEW RTO OFFICE SHIGEHALLI K R PURAM, AVALHALLI BANGALORE – 560036.
... PETITIONER (BY SRI YATHISH J. NADIGA, ADVOCATE) AND THE STATE OF KARNATAKA REP. BY SAMPIGEHALLI POLICE STATION SAMPIGEHALLI BANGALORE – 560 001 REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA.
... RESPONDENT (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT/STATE) THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 96/2018 OF SAMPIGEHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 419, 420, 468, 406 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is arraigned as Accused No.5 in Cr.No.96/2018 which culminated in C.C. No. 22351/2018 on the file of IV Addl. CMM Court, Bangalore.
2. The gist of the complaint is that the complainant-Company is duly authorized by the Reserve Bank of India (RBI) to undertake banking business in India including issuance and serving of credit cards. In that light, American Express Corporate Cards are issued to employees of the company and the card applications being initiated by the employees of the company and approved by the authorized signatory of such company. Since Corporate Card Accounts are set up in favour of and on behalf of corporate entities and such corporate entities are primarily liable for the charges incurred on all the Corporate Cards issued under such accounts, as per their existing process. American Express Banking Corp. (“American Express”) process the Card Applications based on the approval accorded by the Authorized Signatories of such entities and no further physical verification on such card of the employees are undertaken by complainant-Company. By following the said procedure, the cards were issued.
3. A specific allegation is made against this petitioner that he was working in the company of Accused No.1 and he was entrusted with the work of examining the credit card applications and in fact, he has not specifically and meticulously examined the applications and thereby enabled Accused Nos.1, 2, 3 and 4 for the purpose of cheating the creditors and thereby he has also contributed for the commission of offence under Section 420 of IPC. Considering the above facts and circumstances, as Accused Nos.1 to 4 have already approached this Court in Crl.P.No.8529/2018 and this Court discussing in detail with regard to the facts of the case, has granted anticipatory bail vide order dated 03.04.2019. Petitioner also stands on the same footing as that of Accused Nos.1 to 4. Therefore, on the ground of parity, he is also entitled for anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.96/2018 of Sampigehalli Police Station, for the offences punishable under Sections 419, 420, 468 and 406 read with 34 of IPC, on 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 he shall execute a personal bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall mark his attendance once in 15 days ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months.
DKB Sd/- JUDGE