IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6925/2019 BETWEEN :
RAVIRAJ R., S/O. M.R. RAJU, AGED ABOUT 46 YEARS, R/AT NO.42, 1ST MAIN, 7TH CROSS, RAGHAVENDRA BLOCK, SRINAGAR, BENGALURU-560 050.
(BY SRI: MANOJ B.G., ADVOCATE) ... PETITIONER AND :
STATE OF KARNATAKA BY, ASHOKNAGAR P.S., (C.I.D), BENGALURU.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-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 CRIME NO.107/2019 OF ASHOKNAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 406, 409, 420, 468, 471 OF IPC, ETC.
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 respondent - State. Perused the records.
2. The petitioner appears to have not been named in Crime No.107/2019 which was registered against Sri. G.C. Kishore Kumar and others on the basis of the complaint lodged by one Narayana K. Naik, General Manager – Administration (P & A) in Karnataka State Handicrafts Development Corporation.
3. The allegations are that one Mr. G.C. Kishore Kumar joined hands with other bank officers, has created documents and siphoned an amount of Rs.15 Crores and thereby cheated the Institution. He was working as General Manager – Finance during the period from 17.12.2016 to 17.10.2018 during which period, the said misappropriation of funds was occurred.
3. The learned HCGP submits that the petitioner is also suspected as one of the co-accused along with the said G.C. Kishore Kumar, that clearly indicates that the police are searching for the petitioner in connection with this case. There is a reasonable apprehension in the mind of the petitioner. It is worth to mention here that the case was registered on 08.04.2019, more than six months have already been lapsed, but the name of this petitioner is not surfaced. However, the apprehension of the petitioner as noted above is reasonable.
4. It is also worth to mention here that one of the accused D. Joseph whose name also does not find place in the FIR, also approached this Court for grant of anticipatory bail for the above said offences in Crl.P. No.3299/2019. He was ordered to be released on bail by its Order dated 26.07.2019. The petitioner also stands on the same footing as that of the petitioner. Therefore, the petitioner is also entitled to be enlarged on bail. Hence, the following order:
ORDER The petition is allowed. Consequently, the petitioner is released on bail in the event of his arrest in connection with Crime No.107/2019 for the offence punishable under Sections 406, 409, 420, 468, 471 of IPC, subject to the following conditions:
(i) The petitioner shall surrender himself before the I.O. within 10 days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.1 Lakh with one surety for the like sum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not hamper the investigation or tamper the prosecution witnesses.
(iii) The petitioner shall co-operate with the I.O. to complete investigation and shall appear before the I.O. as and when called for.
(iv) The petitioner shall mark his attendance once in a week on every Sunday between 10.00 A.M. and 5.00 P.M., for a period of one month.
(v) The petitioner shall not leave the jurisdiction of Karnataka Sate without prior permission of the Investigating Officer till filing of final report by the respondent – police.
Sd/- JUDGE Snc