IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.7960/2017 BETWEEN:
Sri Divya Prasad S/o Renukaprasad Aged about 33 years Credit Officer Muthoot Micro Fin. Ltd. Thaneeruhalla Hassan-573 201. .. PETITIONER (By Sri V B Siddaramaiah, Adv.) AND:
The State By Hassan Town Police Represented by the State Public Prosecutor High Court of Karnataka Building Bangalore-560 001. .. RESPONDENT (By Sri Chetan Desai, HCGP) This criminal petition is filed under Section under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.16/2017 of Hassan City P.S., Hassan District, for the offence punishable under Section 420 of IPC.
This petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner-accused under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail for the offence punishable under Section 420 of IPC registered in respondent Police Station Crime No.16/2017.
2. I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State.
3. The allegations in the complaint are that the present petitioner has not credited the amount collected to the company and he has misappropriated the same. But looking to the materials placed on record, there is delay of more than two months in lodging the complaint and even after coming to know about the alleged offence. The prosecution has to explain the said aspect. The petitioner has denied the allegation that he has committed misappropriation and he has been falsely implicated in the case and he is ready to abide by any condition that may be imposed by this Court. The offence under section 420 IPC is triable by the Court of Magistrate and it is not exclusively punishable with death or imprisonment for life.
4. Hence, the petition is allowed. The respondent- police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offence registered in respondent Police Station Crime No.16/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and have to furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
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5. Since the main petition itself is disposed of, I.A.
No.1/2017 for interim bail does not survive for consideration and the same is disposed of accordingly.
Sd/- JUDGE Cs/-