IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4613 OF 2019 BETWEEN:
SRI.MANGESH GOWDA B.M. S/O.MADE GOWDA AGED ABOUT 27 YEARS R/AT.NO.1234, 5TH CROSS, 17TH MAIN MUNESHWARA BLOCK, AVALAHALLI GIRINAGARA BENGALURU – 560 085.
(BY SRI.M.R.NANJUNDA GOWDA, ADV.,) AND:
THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI.HONNAPPA HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.234/2019 OF MADANAYAKANAHALLY P.S., BENGALURU DISTRICT FOR THE OFFENCE P/U/S 406, 409 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. A complaint came to be lodged on 27.05.2019 by one Manjunath who was the area head of Manipuram finance making allegations that the petitioner while working as a Branch Head of the Manipuram Finance and he was having the keys of the safe deposit lockers. It is alleged that on 25.05.2019, on verification of the safe deposit lockers, it was found that 22 documents containing gold articles which were pledged by Madhumohan Krishna and Prabhakar.C were found missing. The same was informed to the complainant by one – Rajeshwari, who was working in the same Branch. On examination and investigation, it was found that about 2 kgs, 268 grams of gold were found missing in the safe deposit lockers. This petitioner alleged to have created duplicate khatha and pledged some articles and obtained an amount of Rs.6,08,296/-. Infact, he has taken away the gold articles worth Rs.45,46,906/- by creating duplicate or fake khatha. On the basis of the above said complaint, the petitioner was arrested and some gold ornaments were also recovered from him and thereafter, he was produced before the Magistrate and remanded to judicial custody and he has been in judicial custody since then.
3. The police have registered a case in Crime No.234/2019 for the offences punishable under Sections 406, 409 and 420 of IPC. As the accused was arrested and sent to judicial custody, it appears that he is required for further investigation. The alleged articles were already recovered. The offences under Sections 406, 409 and 420 of IPC are not punishable either with death or imprisonment for life. Further added to that, on enquiry, learned HCGP did not bring to the notice of this Court that the petitioner is a habitual offender or any other cases are pending against him.
4. Looking to the above said facts and circumstances and as the petitioner was remanded to judicial custody and recovery of gold articles has already been made, the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.234/2019 of Madanayakanahalli Police Station registered against him for the offences punishable under Sections 406, 409 and 420 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties 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 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.
(v) The petitioner shall mark his attendance once in 15 days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE VMB