IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.3208/2017 BETWEEN:
PRASANNA KUMAR H.B. AGED ABOUT 35 YEARS S/O BETTE GOWDA PROPRIETOR OF MANASVI ENTERPRISES NO.6, PATEL RAMAKRISHNAPPA LAYOUT SHANKAR NAG ROAD GOTTIGERE BANNERGHATTA ROAD BENGALURU – 560 083.
R/AT NO.89/90 1ST FLOOR 4TH CROSS VENKATESHWARA LAYOUT KOTHANUR DINNE J.P.NAGAR 8TH PHASE BENGALURU – 560 076. …PETITIONER (BY SRI G.DESU REDDY, ADV) AND:
STATE OF KARNATAKA BY COTTONPETE POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, 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.53/2017 OF COTTONPET P.S., BANGALORE FOR THE OFFENCE P/U/S 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The respondent/Police have registered the FIR against the petitioner/accused in their Crime No.53/2017 in respect of the offence under Section 420 of IPC.
2. The allegation is, for last eight years, the petitioner was working as the Office Manager in the Pharmaceuticals of the complainant. During the audit, it was found that, without the knowledge of his employer/complainant, he has taken two cash bills under the same number, encashed the amount, thus, misappropriated the amount.
3. As per the submission made at the Bar, apprehending arrest before the case was registered, the petitioner moved the Sessions Court for anticipatory bail and he was given interim anticipatory bail. During the said period, he was called to the Police Station and was interrogated by the Investigating Officer twice. Even now he is ready to cooperate with the Investigating Officer.
4. The petitioner is none other than the nephew of the complainant’s husband and is a family person and a permanent resident of the cause title address.
5. Having regard to the above circumstance, there is no impediment to allow the petition.
Accordingly, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.53/2017 subject to following conditions:
(1) He shall appear before the Investigating Officer forthwith. In that event, I.O. is at liberty to interrogate him. If the interrogation continues for more than 24 hours, he shall be produced before the jurisdictional Magistrate. I.O. is also at liberty to recover incriminating material, if any, at his instance as permissible under Section 27 of the Indian Evidence Act.
(2) In the event of his arrest in respect of the above case, he shall be released on bail on executing a self bond for a sum of Rs.1,00,000/- with one surety for the likesum.
KNM/-
SD/- JUDGE