IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6989 OF 2019 BETWEEN :
SRINIVASA N., S/O. LATE NARAYANAPPA, AGED ABOUT 45 YEARS, R/O. FLAT NO.T-2, 3RD FLOOR, SHIVAGANGA, HARMONY APARTMENTS, 2ND MAIN, VASANTHA VALLABHA NAGARA, VASANTHPURA, BANGALORE-560 061.
(BY SRI: H.V. MANJUNATHA, ADV.,) AND :
STATION HOUSE OFFICER, KORAMANGALA POLICE, BANGALORE.
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, BANGALORE-560 001.
... PETITIONER ... RESPONDENT (BY SRI: MAHESH SHETTY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.269/2019 OF KORAMANGALA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 406, 408 AND 420 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned HCGP for the respondent- State. Perused the records.
2. The petitioner is the sole accused in Crime No.269/2019 for the offences punishable under Sections 406, 408 and 420 of IPC on the file of the respondent-police.
3. The case was registered on 26.08.2019 on the complaint lodged by the complainant who was working as a Senior General Manager – Finance in Essay Terroka Private Limited Company. It is stated that the petitioner was entrusted with the work of collecting money and deposits the same to the account of the Company. The petitioner who was working as a Branch Manager is alleged to have collected a total sum of Rs.64,22,656/- from different customers on different dates, but he has not deposited the said amount to the Company. When the Company Head i.e., H.R. Head Sri.
M. Sathyanarayana and others have enquired the petitioner has confessed that he has used the said amount and agreed to tender resignation to his post. Not only that he has also made the payment of Rs.5 Lakhs by way of cheque and Rs.1.45 Lakhs by way of cash in return of the said money. On the above said allegation, the police are investigating the matter.
4. It is an undisputed fact that on 28.08.2019, the petitioner was arrested and he was produced before the jurisdictional Magistrate and the learned JMFC has remanded the accused to the judicial custody. Thereafter the petitioner has filed bail petition, which came to be rejected under Section 439 of Cr.P.C.
5. Looking to the above said facts and circumstances, earlier there was no allegations with regard to the said wrongful act on the part of the petitioner. It appears that in the year 2018-19 when the accounts were checked, the petitioner was found with deficiency of deposit of such amount to the Company. The Company might have deposited the amount to the petitioner with reference to his retirement benefit etc., In the event of establishing the case against the petitioner, they can avail the civil action for recovery of the said money. When both civil and criminal actions are available, normally the Court inclined to grant bail to the accused if he assures to cooperate to the Court and also to cooperate with I.O. and to file final report, only in disposing of the case in accordance with law.
6. Under the above said circumstances, as the offences are not either punishable with death or imprisonment for life and since 28.08.2019, the accused is in judicial custody and he is no more required for any further investigation and three months have already been lapsed from the date of lodgment of the complaint, in my view, the petitioner is entitled to be enlarged on bail, particularly under section 439 of Cr.P.C. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.269/2019 of Koramangala Police Station for the offence punishable under Sections 406, 408 and 420 of IPC, subject to the following conditions:
(i) The petitioner shall execute his 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 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.
(v) The petitioner shall mark his attendance once in fifteen days, on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer till filing of the charge.
Sd/- JUDGE Snc