IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4697 OF 2019 BETWEEN:
SRI. JAVARAIAH V.J. SON OF JAVARAIAH, AGED ABOUT 59 YEARS, R/AT 33/1, SREERAMAPURA NEAR DEVAIAH PARK LAKSHMINARAYANAPURA BENGALURU-560021.
(BY SRI. KARTHIK C., ADVOCATE FOR SRI. NISHANTH A.V., ADVOCATE) AND:
STATE OF KARNATAKA BY KUNIGAL POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001.
(BY SRI. HONNAPPA, HCGP) ...PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.74/2019 OF KUNIGAL POLICE STATION, TUMKURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 408 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-state. Perused the records.
2. Petitioner is the sole accused in Crime No.
74/2019 of Kunigal Police Station, Tumkuru, registered for the offence punishable under sections 406 and 408 of IPC. After investigation, the police have filed charge sheet before the JMFC, Kunigal.
3. The brief allegations made against the petitioner is that he was working as an officer in KFCSC and particularly from 11.3.2019 to 31.3.2019 he was working as ragi purchasing officer. During that particular point of time, he has appropriated 2,251 quintals of ragi and caused loss to the department.
4. The above said allegations are yet to be established during full fledged trial. Petitioner was arrested on 22.5.2019 and since then he has been in judicial custody. Investigation has already been completed and he is no more required for any further investigation. It is also submitted that he has already been retired. Looking to the above said circumstances, as the offences are not punishable either with death or imprisonment for life, the petitioner is entitled to be enlarged on bail, on conditions. Hence, the following :-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 74/2019 of Kunigal Police Station, registered for the offence punishable under Sections 406 and 408 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (One Lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE Ckl/-