IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6868 OF 2018 BETWEEN:
SRI.SANAULLA SHERIEF S/O.MOHAMMED GHOUSE AGED ABOUT 63 YEARS RETIRED EMPLOYEE R/AT.16TH CROSS, MILLATH COLONY RING ROAD DAVANAGERE – 577 002.
(BY SMT.HALEEMA AMEEN, ADV., FOR SRI.VISHWAJITH SHETTY.S. ADV.,) AND:
STATE OF KARNATAKA BASAVANAGARA POLICE STATION DAVANAGERE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.
(BY SRI.K.P.YOGANNA, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.52/2018 OF BASAVANAGARA P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 409, 420 ,465, 468, 471 R/W.149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.52/2018 of Basavanagara Police Station, Davanagere City. The said case is registered against the petitioner and five others for the offences punishable under Sections 409, 465, 468, 471, 420 read with Section 149 of IPC on the basis of the complaint / report of Altaaf Sab, Manager of Millath Co-operative Bank Limited, Davanagere.
2. It is alleged that the accused forging the documents have committed misappropriation of a sum of Rs.15 lakhs belonging to the Bank.
3. As per the complaint itself the in-house enquiry conducted by the Assistant Registrars of Co- operative Societies stated that the forgery and misappropriation was by the first accused – Mahamed Jikriya. The Society has proceeded against him in domestic enquiry as well as for recovery.
4. The allegation against the petitioner and accused Nos.3 to 6 are one and the same. This Court in Crl.P.No.4789/2018 has granted anticipatory bail to accused No.4 on 11.07.2018. Therefore, on the ground of parity, the petitioner is entitled to anticipatory bail.
5. Accordingly, the petition is allowed. The petitioner/accused No.2 is granted anticipatory bail in Crime No.52/2018 of Basavanagara Police Station. If he is arrested in the said case, he shall be released on bail, subject to the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE VMB