IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No. 2829/2019 BETWEEN:
SRI. B MANJUNATHA S/O BHEEMAPPA AGED ABOUT 33 YEARS, R/O SIDDAPURA VILLAGE KASABA HOBLI, CHITRADURG TALUK & DISTRICT-577 520.
(By Sri. VIKAS.M, ADV.) AND THE STATE OF KARNATAKA THROUGH KOTE POLICE STATION, CHITRADURGA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560 001.
(By Sri.K.P.YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.86/2018 OF CHITRADURGA KOTE POLICE STATION, CHITRADURGA FOR THE OFFENCE P/U/S.408 AND 420 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
Perused records.
2. The petitioner has arrayed as accused No.1 in Crime No.86/2018 on the file of Chitradurga Kote Police Station for the offences under Section 408 and 420 IPC. Initially a case has been registered against three persons by name Pradeep, Nagabhushana as well as this petitioner.
3. The allegations are that accused Nos.1 to 3 worked as cash custodians in Logicash Private Limited. The company had entrusted the duty of supplying currency notes to 18 ATM cash counters and the accused were having password and key of respective ATMs. The accused persons failed to remit an amount of Rs.18 lakhs to the respective ATMs and misappropriated the said amount amongst themselves. Therefore, the above said case has been registered.
4. Learned counsel for the petitioner has produced certified copy of the order passed by the Prl. District and Sessions Judge, Chitradurga in Crime No.50/2019 dated 26.02.2019, wherein the other two accused persons in this case, by name Pradeep and Nagabhushana, accused Nos. 2 and 3 have already been released on bail on conditions.
5. Though learned HCGP submitted that this petitioner is required in some other case and the petition may be rejected.
6. In view of the submission made by the learned counsel for the petitioner and on perusal of the record, I am of the opinion that since the co-accused have already been released, on the ground of parity, the petitioner may 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 Crime No. 86/2018 of Chitradurga Kote Police Station, subject to the following conditions:-
i) The petitioner/accused No.1 shall be released on bail on his surrender before the Investigating Officer within ten days and on executing his personal bond for a sum of Rs.1,00,000/- (one lakh) with one surety for the likesum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in tampering the prosecution witnesses in any manner.
iii) The petitioner shall co-operate with the I.O. for investigation.
Sd/- JUDGE ln.