IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.201 OF 2019 BETWEEN:
Sri Amarnath, S/o. Sudhakar Reddy, Aged about 28 years, Thingalre Kodigenahalli, Madhugiri Taluk, Tumkur District – 572 127.
...Petitioner (By Sri. Balu Mahendra Y.H., Advocate) AND:
State of Karnataka By Viveknagar Police Station Bengaluru Represented by its SPP High Court of Karnataka Bengaluru – 01.
...Respondent (By Sri. M. Divakar Maddur – HCGP) This Criminal Petition is filed under Section 438 of Cr.PC praying to enlarge the petitioner on bail in Cr. No. 304/2018 of Viveknagar Police Station, Bengaluru city for the offence P/U/S 406 and 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.304/2018 of Viveknagar police station, Bengaluru City for the offence punishable under Section 408 and 420 of IPC.
2. I have heard learned counsel for the petitioner-accused and learned HCGP for the respondent-State.
3. The brief facts of the case are that the petitioner and other accused persons have been introduced by the complainant’s company for loading of cash in designated ATM’s in Bengaluru. The petitioner accused is the authorized person to open the ATM vault with set of passwords under the indent given by the Bank. It is further alleged that out of six ATM’s, three ATM’s cash was not handed over to the petitioner due to his absence in reporting since 7th December 2018 and inspite of best efforts, the company did not traced/contacted the petitioner accused. When audit of accounts and physical amount was verified, then, it is noticed that there is shortage of Rs.25,67,000/- and being the custodian, the accused petitioner has defrauded the bank and misappropriated the said amount. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for the petitioner accused that the accused petitioner is an innocent and he was on leave during the said period and he alone cannot open the ATM, where digital passwords were given to both. The accused No.1 and the Manager if both of them go to ATM, then only ATM can be opened and loading of cash can be done. In the absence of the accused petitioner, other persons have misappropriated the said amount and he has been falsely implicated in the said case. He further submitted that the alleged offence is not punishable with death or imprisonment for life and the accused petitioner is ready to abide by any of the terms and conditions that may be imposed by this Court and ready to offer sureties, if he is released on bail. On these grounds, he prays to allow the petition and to release the accused petitioner on bail.
5. Per contra, learned HCGP vehemently argued and submitted that the accused petitioner is the main accused who was in custody of the cash and being the custodian, it is his duty to load the cash. When audit has been conducted, misappropriation of Rs.25,67,000/- was found. He further submitted that still investigation is in progress and the accused petitioner may not be available for the purpose of investigation or interrogation if he is released on bail. Even he may abscond and may not face the trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of learned counsel appearing for the parties and also perused records.
7. As could be seen from the records, the accused petitioner is the custodian of cash given by the company to load it to ATM machine and the complaint itself clearly goes to show that the accused petitioner was absent from 07.12.2018 and at that time when audit was conducted, then they found that there is shortage of cash amounting to Rs.25,67,000/-. The complaint does not disclose who were incharge for the said period and during whose period said shortage of amount was found is the matter that it has to be considered appreciated only at the time of trial.
8. On close reading of the complaint and other material, the only allegation which has been made is that the amount has been entrusted and same has been defrauded and misappropriated by the accused petitioner. However, the alleged offence is not punishable with death or imprisonment for life and the accused petitioner is ready to abide by any of the terms and conditions that may be imposed by this Court and ready to offer sureties and also ready to co-operate with the investigation, then, under said facts and circumstances, by imposing some stringent conditions, if the accused petitioner is ordered to be enlarged on bail, then, it is going to meet the ends of justice.
In the light of the discussions held above by me, the petition is allowed. The accused petitioner is ordered to be released on anticipatory bail in Crime No.304/2018 of Viveknagar Police Station, Bengaluru for the offence punishable under Sections 408 and 420 of IPC, subject to following conditions;
1. The Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall appear before the Investigating Officer as and when he is required for the purpose of investigation or interrogation.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall mark his attendance once in 15 days between 10.00 a.m. to 5.00 p.m. till charge sheet is filed.
6. He shall not leave the jurisdiction without prior permission of the Court.
Sd/- JUDGE PN/-