IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3104/2019 BETWEEN:
1. SRI GNANAVEL S/O.MUNUSAMI AGED ABOUT 36 YEARS R/AT NO.761/1, KAVAPATTI MARUDERI, POCHMPALI KRISHNAGIRI DISTRICT TAMILNADU-635 001 2. SRI DORAIRAJ VENKATRAMAN S/O.VENKATRAMAN AGED ABOUT 36 YEARS R/AT NO.232, SENNAMPATTI JITTANDA HALLI DHARMAPURI, PALAKKODU TAMILNADU-636 805 … PETITIONERS (BY SRI H.P.LEELADHAR, ADVOCATE) AND:
STATE OF KARNATAKA SHO BY HEBBGODI POLICE STATION ANEKAL TALUK REP. BY SPP HIGH COURT BUILDINGS BENGALURU-560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CRIME NO.24/2019 OF HEBBUGODI POLICE STATION, ANEKAL TALUK, BENGALURU RURAL DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 417, 418, 420, 463, 465 AND 468 OF IPC NOW PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC COURT AT ANEKAL, BENGALURU RURAL DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard learned counsel for the petitioners and learned HCGP for the respondent and perused the records.
2. Petitioners are arraigned as accused nos.5 & 8 in Crime No.24/2019. The brief allegations are that one Natarajan Balasubramanian (accused no.1) was working as Marketing Coordinator of M/s. Nilgiris Dairy Farm Private Limited situated at Bommasandra Industrial Estate, Hosur Road, Bengaluru. It is alleged that between 01.03.2018 and 31.05.2018 he has misappropriated an amount of Rs.38,90,000/-. On examination of laptop and other materials, it was found that he has misappropriated the amount to the account of his wife, mother-in-law and father-in-law. It is also alleged that Rs.3,09,000/- was the amount misappropriated by him under the guise of giving loans to the aggregators namely, Gnanavel.M, Uma.C, Chandrashekar and Durai Raj.V. The petitioners are said to be the aggregators in whose names loans were taken by the said Nataraj Balasubramanian. It is also alleged that the said loans were not actually released to any one of the beneficiaries. But, the said Nataraj Balasubramanian himself has misappropriated the said amount. There are no allegations against the petitioners that they joined hands with Nataraj Balasubramanian in misappropriating the said amount. In what manner they are alleged as accused is not forthcoming in the allegations made in the first information report.
3. Looking to the above facts and circumstances, in my opinion, the petitioners are entitled to be enlarged on bail. Hence, the following order:
The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.24/2019 of Hebbagodi Police Station, subject to the following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm, before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE hkh.