IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8283 OF 2019 Between:
Shankar K Aged about 23 years s/o late Karunanidhi R/at No.317/5 II Cross, Near Sri Sai P G Opp. Kormangala Police Station Bengaluru – 560 034.
... Petitioner (By Sri.K.B.Monesh Kumar, Adv.,) And:
State of Karnataka By Ashok Nagar Police Station Bengaluru – 560050 Rep. by the State Public Prosecutor Bengaluru-560 001.
…Respondent (By Sri. Honnappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.55/2019 of Ashok Nagar Police Station, Bengaluru City for the offences p/u/s 408, 418, 420, 381 r/w 34 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 arraigned as accused no.1 in Cr.No.55/2019 for the offence under Section 408 and 420 of IPC. The petitioner was arrested on 27.02.2019 and since then he has been in judicial custody.
3. The allegations made against the petitioner and other accused persons are that M/s. SIS Prosegur Holdings Private Limited is a company which has undertaken to fill the cash amount to ATMS and infact it is alleged that the petitioner was also working as a person who came to the particular ATMs to fill up the amount and he knew the pass word of the said ATMs at the time of filling up of the cash amount. It is alleged that on 30.1.2019 and 03.02.2019, the petitioner went to different ATMs and stolen the money as he knew the pass word. He has actually drawn an amount of Rs.1,90,61,300/- and has actually given an amount of Rs.1,32,50,000/- to accused no.2 and Rs.56,00,000/- to accused no.3 and he kept an amount of Rs.83,00,000/- with him. Totally he had withdrawn an amount of Rs.1,90,61,300/-. Accused nos.2 and 3 have already been released on bail considering the nature of allegations made against them. The offences under section 408 and 420 are not punishable either with death or imprisonment for life. Investigation has been already completed. Accused has been in judicial custody since the date of arrest. In the above facts and circumstances, the actual amount withdrawn has to be established during the course of full dressed trial and any other persons involved in the crime is also to be established during the course of full dressed trail. In the above said facts and circumstances of the case, there are no other pending cases against this petitioner, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence the following :
ORDER The Criminal Petition is allowed. Consequently, the petitioner shall be enlarged on bail in connection with Crime No.55/2019 of Ashok Nagar Police Station, Bengaluru City for the offence p/u/s/408, 418, 420, 381 r/w 34 of IPC subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
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 sd