IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7583/2019 BETWEEN:
MANISH BANTHIA, S/O. GULAB BANTHIA, AGED ABOUT 41 YEARS, R/AT D.NO.1144, NILRMLA HARDIYA, 5TH C MAIN, 1ST STAGE, VIJAYANAGAR, MYSURU, MYSORE DISTRICT-577 185. ... PETITIONER [BY SRI. LETHIF B., ADVOCATE] AND:
THE STATE OF KARNATAKA, BY NAZARBAD POLICE STATION, MYSORE DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. ... 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.117/2019 OF NAZARBAD POLICE STATION, MYSURU CITY FOR THE OFFENCE P/U/S 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Crime No.117/2019 of Nazarbad P.S., Mysuru, for the offence under Section 420 of IPC on the file of JMFC III Court, Mysuru.
3. The brief facts of the case are that;
It is alleged that the complainant and one Rajendra were working as Sales Managers in Giriyas Investment Private Ltd. since 2001. The petitioner was also working there as Senior Sales Manager since 2005 and during his tenure, particularly during the period between 01.04.2018 and 22.06.2019, the petitioner has misappropriated the funds of the said Giriyas Investment Private Ltd. by raising bills in the names of his brother, who was also running electrical shop by name Arihant Electronics, in which the petitioner is also a partner and caused loss to the tune of Rs.4,00,00,000/- to the said Giriyas Investment Private Ltd.
4. The petitioner’s counsel submits that the petitioner has already been retired from the said Giriyas Investment Private Ltd. long back and he is running his own business. He is maintaining income tax returns and other bills and he is ready and willing to produce evidentiary documents before the Police. Even otherwise, the documents are now available with Giriyas Investment Private Ltd. and also be collected by the police for examination. He assures that if the petitioner is ordered to be released on bail, he would co-operate with the Police by surrendering and assist the Police in the matter. In my opinion, the petitioner is entitled to be enlarged on bail on conditions. 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.117/2019 of Nazarbad P.S., Mysuru, for the offence under Section 420 of IPC on the file of JMFC III Court, Mysuru, 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 shall execute a personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties 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 the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Ksm*