IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3299/2019 BETWEEN:
Sri D. Joseph, Aged about 35 years, S/o K. Devendra Kumar, R/at No.507, 4th Floor, Skandashree Apartment, SLV Layout, Nayandahalli, Opposite R.R. Nagar Arch, Bengaluru – 560 039. ... Petitioner (By Sri N. Srinivas, Advocate) AND:
State of Karnataka by Ashoknagar Police Station, Bangalore, Represented by its State Public Prosecutor, High Court Building, Bengaluru – 560 001. ... Respondent (By S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, 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 offences p/u/s 406, 409, 420, 468 and 471 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.107/2019 for the offences under Sections 406, 409, 420, 468 and 471 of IPC.
2. The case of the prosecution is that a complaint was lodged by the General Manager (P & A) of the Karnataka State Handicrafts Development Corporation Ltd., complaining of the commission of offences aforestated. Insofar as the petitioner is concerned, the case that is made out is that accused no.1 is alleged to have misused his authority and diverted the funds of the Corporation in an illegal manner to M/s.Fralk Infotainment, which is the recipient of funds from the Karnataka State Handicrafts Development Corporation Ltd. The petitioner is stated to be the Managing Director of the said Corporation. Accordingly it is stated that the offences aforestated have been committed by the accused no.1 as well as the petitioner herein.
3. The learned counsel for petitioner points out that the Company viz., M/s. Fralk Infotainment is only the recipient of funds and on the instructions of accused no.1, the amount has been diverted to the Company. It is further submitted that the recipient Company has disbursed the funds by way of RTGS to different accounts on the instructions of accuse no.1. It is further stated that the present petitioner though is alleged to be a beneficiary, the case of the prosecution is contrary to actual facts. It is further stated that pursuant to the order dated 17.07.2019, the petitioner has cooperated with the Investigating Authorities by presenting himself on four occasions. It is further submitted that necessary information has been divulged to the Investigating Authorities and the petitioner would further cooperate with the investigation as and when called upon to do so by the investigating agency.
4. The learned HCGP states that the petitioner has cooperated with the investigating agency so far and would be called upon for further investigation, if so required. It is stated that the investigation has been transferred to the C.I.D.
5. Taking note of the said facts, the bail petition filed by the petitioner under Section 438 of Cr.P.C., is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.107/2019 for the offences under Sections 406, 409, 420, 468 and 471 of IPC subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.107/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the CID, Special Wing (Investigating Agency) on every Friday of the week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/-
JUDGE Np/-