IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7144 OF 2019 BETWEEN :
MR. NARESH KUMAR, S/O. PRADEEP CHAND, AGED ABOUT 28 YEARS, OCC: ASSISTANT MARKETING MANAGER, SK BIKES PVT. LTD., LUDHIANA PUNJAB, D-2332, R/O. STREET NO.02, GTB NAGAR, VEER PALACE, LUDHIANA-141 015.
PUNJAB STATE.
... PETITIONER (BY SRI: DINESH KUMAR RAO K., ADV.,) AND :
THE STATE OF KARNATAKA BY DODDABALLAPURA TOWN POLICE STATION, BENGALURU DISTRICT-560 203.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001.
... RESPONDENT (BY SRI: MAHESH SHETTY, 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 CRIME NO.113/2017 REGISTERED BY DODDABALLAPURA TOWN POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 406, 420 AND 506 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned HCGP for the State- respondent. Perused the records.
2. The petitioner is arraigned as Accused No.1 in the charge sheet in CC No.846/2019 on the file of the Addl. Civil Judge, JMFC, Doddaballapura.
3. The brief facts of the case are that, between 01.01.2016 and 24.05.2017, the Accused No.1 was working as an Assistant Marketing Manager in S.K. Bikes – a Company belonging to Accused No.2. It is stated that with reference to the contract and sub- contract for furnishing of bicycles to the government, there was an agreement and according to the agreement, the Company has to provide 3,803 bicycles and in this context, an amount of Rs.62,01,746/- was given, but the remaining amount of Rs.51,10,928/- was not given. Therefore, Accused Nos.1 and 2 have committed an offence punishable under Section 420 of IPC in not repaying the said amount in this regard. However, the charge sheet also discloses that Accused No.1 has deposited an amount of Rs.30 Lakhs and it is alleged that an amount of Rs.25,10,928/- was due.
4. On careful perusal of the above said facts, it is more likely a civil dispute between the parties. Though the offence punishable under Sections 420, 406 and 506 are invoked, the same has to be established that the activities of the accused falls under the said category, which has to be established during the course of full fledged trial. At this stage, the petitioner is entitled to be enlarged on 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 CC No.846/2019 on the file of the Addl. Civil Judge ***and JMFC, Doddaballapura (Crime No.113/2017 of Doddaballapura Town Police Station) for the offence punishable under Sections 506, 406 and 420 of IPC, subject to the following conditions:-
i) The petitioner shall surrender himself before the *Jurisdictional Court within fifteen days from the date of receipt of a certified copy of this order and shall execute 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 **Jurisdictional Court.
ii) The petitioner shall not hamper the investigation or tamper the prosecution witnesses.
* Corrected vide Court Order dated 19.11.2019.
** Corrected vide Court Order dated 18.12.2019.
*** Corrected vide Court Order dated 16.01.2020.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE Snc