IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7764 OF 2016 BETWEEN:
MR. MANSOOR ALI P K AGED ABOUT 43 YEARS P K RESIDENCY FEROKE AMSOM KOZHIKODE KERALA – 673631 ... PETITIONER (By Sri: SANDEEP HEGDE, ADVOCATE) AND:
STATE BY PANAMBUR POLICE STATION RPT. BY GOVERNMENT PLEADER, HIGH COURT COMPLEX, BENGALURU-560001. ... RESPONDENT (By Sri: B.J.ESHWARAPPA, HCGP) THIS CRL.P FILED U/S 438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETR. ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.69/2016 OF PANAMBUR P.S., MANGALURU CITY, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 406,420,506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner who is a resident of Kozhikode, Kerala has moved this application under section 438 of Cr.P.C., seeking for anticipatory bail in Cr.No.69/2016 registered by the respondent –Police under sections 406, 420 and 506 of Indian Penal Code.
2. The complaint is lodged by M/s.U.K.Monu Timber alleging that the petitioner herein was working in the said office as a Broker and during April 2014 to May 2014, he has mis- appropriated a sum of Rs.1,84,65,358/-. In the complaint, it is alleged that the petitioner himself has confessed to the offence and at his instance, the property held by second accused was registered in the name of the complainant.
3. A perusal of the complaint indicates that the allegations are primarily civil in nature. The complainant himself has stated that the allegations are supported by documentary evidence. Under the said circumstances, having regard to the nature of the allegations made in the complaint, I am of the view that the petitioner could be admitted to anticipatory bail subject to the conditions. Hence, the following order:-
Criminal petition is allowed. The petitioner is directed to appear before the respondent – Police within fifteen days from the date of this order on any working day between 9.00 a.m. and 5.00 p.m. and on his appearance, the Investigating Officer shall interrogate the petitioner on the same day and shall enlarge him on bail on the same day on obtaining a bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties for the likesum and subject to the further condition that the petitioner shall mark his attendance in Pannambur Police Station on the last working day of every calendar month until the filing of the final report. The petitioner shall not threaten or allure the prosecution witnesses and shall not intermeddle with the investigation.
Sd/- JUDGE Bss.