IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5035/2019 Between:
M.Abdul Latheef, S/o Sulaiman, Aged about 39 years, R/at Hunasekatte House, Thanmnirpanth, Belthanagadi Tq, Dakshina Kannada District. ... Petitioner (By Sri. Naveed Ahmed, Advocate) And:
State of Karnataka, By Inspector of Police, Doddapete Police Station, Shivamogga.
Represented by Special Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. K.P.Yoganna, 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.160/2019 of Doddapete Police Station, Shivamogga for the offences P/U/S 264, 408, 420, 406 read with Section 34 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and also learned High Court Government Pleader for the respondent – State. Perused the records.
2. The brief allegations made against the petitioner is that he was working as a driver in M/s. BPCL Terminal Mangaluru particularly Diesel Tanker bearing registration No.KA 19-AB-0664. It is alleged that on 11.5.2019, the said Tanker lorry was loaded with 12,000 liters of diesel which was to be distributed to the KSRTC Depot. When the Diesel was downloaded, it was found that there was shortage of 255 liters amounting to about Rs.17,000/-. Finding fault with the driver with reference to the said shortage of the diesel, a case has been registered against the petitioner.
3. Considering the nature of allegations and the fact that the same has to be ascertained during the course of investigation and as there are no allegation except shortage of diesel, there is no need for custodial investigation of the petitioner. Further nothing has come on record that the petitioner had indulged in similar allegations earlier also. In the above circumstances, I am of the opinion that it is a fit case to enlarge the petitioner on bail by imposing stringent conditions. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.160/2019 of Doddapete Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute 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 concerned Investigating Officer.
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 not leave the jurisdiction of Shivamogga District without prior permission of the Court, till the filing of final report.
v) The petitioner shall mark his attendance once in fifteen days i.e., on Sunday between 10.00 a.m. and 5.00 p.m., before the Investigating Officer till the filing of final report.
RS/* Sd/- JUDGE