IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3892/2019 BETWEEN:
Kishor Kumar, Aged about 28 years, S/o.Muthu, R/at No.149, 6th Cross, 2nd Main, B.C.Nagar, Adugodi, Bannerghatta Road, Bengaluru-560 030. …Petitioner (By Sri.Nishit Kumar Shetty, Advocate) AND:
State of Karnataka by SHO, Adugodi Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.78/2019 registered by Adugodi Police Station, Bengaluru for the offence punishable under Sections 406, 407, 408, 420 and 379 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.78/2019 for the offences punishable under Sections 406, 407, 408, 420 and 379 read with 34 of IPC.
2. The case of the prosecution is that complaint was lodged on behalf of the Company stating that accused No.1 - petitioner was working as Senior Custodian in the Company and as the Company was in the business of Cash Management Services, the petitioner was vested with the responsibility of ensuring cash remittance to the ATM’s. It is stated that on noticing that there was discrepancy in the remittance of cash to the ATM’s as against the amount that was entrusted to the staff, a complaint came to be lodged. On the basis of the complaint, FIR was registered, investigation is completed and charge sheet has been filed.
3. The learned counsel for the petitioner states that there is recovery amount during the course of investigation from the petitioner as well as from the accused No.2 and from the brother-in-law of accused No.2. Further, it is stated that as investigation is completed question of proof of offence is a matter of trial and present proceedings cannot be treated to be punitive in nature.
4. Taking note that the investigation has been completed and charge sheet has been filed that as regards the amount which was alleged to have been misappropriated by the accused, there has been recovery subsequently, proof of offence being a matter for trial, petitioner is entitled to be enlarged on bail.
5. Accordingly, petitioner is entitled to be enlarged on bail in Crime No. 78/2019 for the offences punishable under Sections 406, 407, 408, 420 and 379 read with 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall mark his attendance one in a month before the concerned SHO.
(iii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) The petitioner shall not indulge in any criminal activities of like nature (vii) 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 NS