Karnataka High Court
M Gopinatha vs The State Of Karnataka on 10 November, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.6193/2020
BETWEEN:
1. M.Gopinatha,
S/o.M.Krishnappa,
Aged about 34 years,
Merchant,
R/o.Srinidhi Nilaya,
S.R.Road, Near Rubina Complex,
Bengaluru Road,
Challakere Town - 577522.
2. Sri.M.Nanaji,
S/o M.Krishnappa,
Aged about 44 years,
Merchant,
R/o. 2nd Cross, Shivanagara,
Bengaluru Road,
Challakere Town - 577522. ...Petitioners
(By Sri.S.P.Kulkarni, Advocate)
AND:
The State of Karnataka
By Challakere Police,
Represented by its State P.P,
High Court Building,
Bangalore - 560001. ...Respondent
(By Sri.Mahesh Shetty, HCGP)
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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 Crime No.208/2020 of Challakere
Police Station, Chitradurga for the offences punishable
under Sections 406, 407, 408, 409, 420 read with Section
34 of IPC.
This Criminal Petition coming on for Orders 'through
Video Conference', this day, the Court made the following:
ORDER
The present petition has been filed by petitioners-accused Nos.2 and 3 under Section 438 of Cr.P.C., seeking to release them on anticipatory bail in the event of their arrest in Crime No.208/2020 registered by Challakere Police Station for the offence punishable under Sections 406, 407, 408, 409 and 420 read with Section 34 of IPC.
2. I have heard the learned counsel Sri.S.P.Kulkarni for the petitioners-accused Nos.2 and 3 and learned High Court Government Pleader Sri.Mahesh Shetty for respondent - State who has already taken the notice.
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3. The gist of the complaint is that the Taluka has got warehouses. The customers who are intending to store the commodities in the said warehouses; the Manager will collect the amount fixed from Nigam/Company for every bag and remit the same to the Company. It is further alleged that a casual visit has been made by the complainant to the warehouse situated at Challakere on 30.08.2019 and 12.09.2019, when the Stock Registers have been checked with physical verification, it was noticed that there was some discrepancy in the number of food grains bags in the warehouse and accused No.1 being the Manager did not properly account for the same. It is further alleged that the petitioners-accused Nos.2 and 3 along with accused No.1 have jointly misappropriated the huge funds belonging to the warehouse for the period from 01.07.2017 to 26.09.2019. The amount which has been -4- misappropriated was to the tune of Rs.88,89,814/-. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for the petitioners-accused Nos.2 and 3 that the petitioners-accused Nos.2 and 3 are innocent and have not committed any offence as alleged. It is his further submission that in order to attract the Provisions of Sections 406, 407, 408 and 409 there must be an entrustment. Neither the petitioners- accused Nos.2 and 3 are the employees of the said warehouse nor they are connected in any manner to the said warehouse. It is accused No.1, who has been entrusted with that work and it is his responsibility and petitioners being the merchants have also kept some bags and they have also suffered the similar situation but they did not file the complaint but falsely the petitioners have been implicated in the case. It is -5- his further submission that the petitioners-accused Nos.2 and 3 are not the agents and they are neither connected in any manner as alleged. The alleged offences are not punishable with death or imprisonment for life. Petitioners-accused Nos.2 and 3 are ready to abide by any of the conditions that may be imposed by this Court and ready to offer sureties. On these grounds, he prays to allow the petition.
5. Though the learned High Court Government Pleader has vehemently argued and submitted that the petitioners-accused Nos.2 and 3 have joined their hands along with accused No.1 and have also misappropriated the amount as alleged in the complaint, as contended by the learned counsel for the petitioners the petitioners-accused Nos.2 and 3 are neither the agents nor the employees in the said Nigam/Warehouse or any entrustments are made with them, under such circumstances, by imposing some -6- stringent conditions, if petitioners-accused Nos.2 and 3 are ordered to be enlarged on bail, in the event of their arrest, it is going to meet the ends of justice.
6. In that light, the petition is allowed. Petitioners - accused Nos.2 and 3 are ordered to be enlarged on bail in the event of their arrest in Crime No.208/2020 registered by Challakere Police Station, Chitradurga for the offences punishable under Sections 406, 407, 408, 409 and 420 read with Section 34 of IPC with following conditions:-
1. Petitioners - accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation officer within 20 days from today, failing which, this order automatically stand cancelled.
3. They shall not tamper with the prosecution evidence directly or indirectly.-7-
4. They shall mark their attendance once in 15 days between 10.00 a.m and 5.00 p.m., before the concerned police station till the trial is concluded.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall not indulge in similar type of criminal activities and they should not threaten the witness.
7. If any one of the conditions is violated, the bail is liable to be cancelled.
Sd/-
JUDGE NS