Karnataka High Court
Nagabhushana vs The State Of Karnataka on 11 March, 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.108/2019
C/W.
CRIMINAL PETITION NO.109/2019
IN CRIMINAL PETITION NO.108/2019:
BETWEEN:
Nagabhushana
S/o Shivappa
Aged about 24 years
ATM Custodian work
R/a Haliyur Village
Chitradurga Taluk
Chitradurga District-577 501.
...Petitioner
(By Sri Gopalakrishnamurthy C., Advocate)
AND:
The State of Karnataka
through Chitradurga Town Police Station
Chitradurga District-577 501
Represented by State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001.
...Respondent
(By Sri M. Divakar Maddur, 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.201/2018 of
Chitradurga Town Police Station, Chitradurga for the
offences punishable under Sections 403 and 420 r/w
Section 34 of Indian Penal Code.
IN CRIMINAL PETITION NO.109/2019:
BETWEEN:
Pradeep N.
S/o Narasimhappa
Aged about 38 years
ATM Custodian work
R/o Sollapura Village
Chitradurga Taluk
Chitradurga District-577 501.
...Petitioner
(By Sri Gopalakrishnamurthy C., Advocate)
AND:
The State of Karnataka
through Chitradurga Town Police Station
Chitradurga District-577 501
Represented by State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001.
...Respondent
(By Sri M. Divakar Maddur, HCGP)
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.201/2018 of
Chitradurga Town Police Station, Chitradurga District,
for the offences punishable under Sections 403 and 420
r/w Section 34 of Indian Penal Code.
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These Criminal Petitions coming on for Orders this
day, the Court made the following:
ORDER
The Criminal Petition No.108/2019 has been filed by the petitioner/accused No.3 and the Criminal Petition No.109/2019 has been filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.201/2018 of Chitradurga Town Police Station for the offences punishable under Sections 403 and 420 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that the complainant is working as a manager in Logicash Solutions Private Limited for the last five years and the company has -4- entrusted the work of custodians of cash and to distribute to the various ATMs of SBI and Corporation Bank at Chitradurga. Accused Nos.1 to 3 were working in the said company and when the audit report was conducted for the period from 23.02.2018 to 26.03.2018, they came to know that a sum of Rs.19,48,000/- was misappropriated by the accused persons. On the basis of the said audit report, when they verified with the ATMs, they confirmed about the misappropriation of the said amount. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for the petitioners that accused No.1 is the custodian and he was the Chief Officer and accused Nos.2 and 3 are working under him. By taking advantage, accused No.1 has misappropriated the said amount and has been apprehended and from his possession, an amount of Rs.33,18,350/- and 52 cheques have been recovered -5- out of the total misappropriated amount of Rs.45 lakhs. The accused petitioners are no way involved in the alleged crime. It is further submitted that the marriage of accused No.2 has been fixed and he has been on long leave during the said period. Under such circumstance, there is no question of he involved in the said crime. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. They are ready to co-operate with the investigation and ready to offer sureties. He further submitted that it has been brought to the notice of this Court that the order passed by the Court of the Prl. District and Sessions Judge, Chitradurga in Crl.Mis.50/2019 indicates that the quantum of misappropriation, which has been stated in Crime Nos.200/2018 and 201/2018 are similar and all these offences are triable by magistrate and not punishable with death. As such, the trial Court has granted anticipatory bail and further submitted that they are ready to abide by any conditions that may be -6- imposed on them and ready to offer sureties. On these grounds, he prayed to allow the petitions and to release the petitioners/accused Nos.2 and 3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.2 and 3 are working in the complainant company and have misappropriated an amount of Rs.45 lakhs. They are habitual offenders and they have involved in many more cases. They have misappropriated the amount which has been entrusted to them. The petitioners/accused Nos.2 and 3 are absconding and are not available for investigation or interrogation. If the petitioners/accused Nos.2 and 3 are released on bail, they may not be available for interrogation, may abscond and may not face the trial. On these grounds, he prayed to dismiss the petition. -7-
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the records, the accused petitioners have also been registered with similar type of case in Crime No.200/2018 therein, while releasing the accused petitioners, the trial Court has observed that the quantum of misappropriation of Rs.18,00,000/- in the said complaint is also similar in nature, and criminal case has also been registered against petitioners in this crime also for the same amount. Taking into consideration of the above said facts and circumstance, the anticipatory bail has been granted. When already the trial Court has come to the view that the misappropriated amount is one and the same in both the complaints, under such circumstances, similar view could have been expressed in this petition also. Be that as it may. It is the specific -8- contention of the learned counsel for the petitioners that from accused No.1 an amount of Rs.33,18,315/- and 52 cheques have been recovered from the possession of the accused No.1. It is the case of the petitioner/accused that accused No.1 was the main person, and who has been in-charge of the said work and he kept the petitioners under darkness and misappropriated the said amount. When major amount has been recovered from accused No.1 and the alleged offences are not punishable with death or imprisonment for life. Under the facts and circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.2 and 3 are enlarged on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, petitions are allowed and the petitioners/accused Nos.2 and 3 are enlarged on anticipatory on in the event of their arrest in Crime -9- No.201/2018 of Chitradurga Town Police Station for the offences punishable under Sections 403 and 420 read with Section 34 of IPC subject to the following conditions:
1. Each of the petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties each for the likesum to the satisfaction of the Investigation Officer.
2. They shall surrender before the Investigation Agency within 15 days from today.
3. They shall available for the investigation or interrogation.
4. They shall not tamper with the prosecution evidence either directly or indirectly.
5. They shall not leave the jurisdiction of the Court without prior permission.
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6. They shall mark their attendance once in a 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
Sd/-
JUDGE VBS