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Karnataka High Court

Chandru H S vs State Of Karnataka on 16 March, 2020

                                          CRL.P.NO.75/2020
                           1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 16TH DAY OF MARCH, 2020

                        BEFORE

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

           CRIMINAL PETITION NO.75 OF 2020
BETWEEN

CHANDRU H.S,
S/O LATE H. SHIVAPPA,
AGED ABOUT 34 YEARS,
RESIDING AT NO. KHB COLONY,
14TH MAIN, KUVEMPU NAGARA,
HASSAN TOWN - 573201.                   ... PETITIONER

(BY MISS. RAKSHA KEERTHANA K, ADVOCATE FOR
SRI. KEMPARAJU, ADVOCATE)

AND

STATE OF KARNATAKA,
BY HASSAN RURAL POLICE STATION,
HASSAN,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560001.                   ... RESPONDENT

(BY SRI. R.D. RENUKARADHYA, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.223/2019 OF HASSAN RURAL P.S., HASSAN FOR THE
OFFENCE P/U/S 418, 420, 468, 409 OF IPC.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
                                                        CRL.P.NO.75/2020
                                   2

                           ORDER

Hassan Rural Police have registered Crime No.223/2019 against the petitioner for the offences punishable under Sections 418, 420, 468 and 409 of Indian Penal Code, on the basis of complaint of Melvin Arun Lobo the Police Inspector, Hassan Postal Sub-division, Hassan.

2. The petitioner worked as Asst. Post Master in Salagame Sub-Post office between 08.07.2016 and 18.09.2019. It is alleged that during the said period petitioner received Rs.27,50,000/- from four customers towards KVP/MIS account deposit, issuing them fake pass books without actually opening the accounts and cheated them.

3. The incriminating materials namely the passbooks allegedly issued by the petitioner are already seized. The statements of the material witness are already recorded. The offences are not exclusively punishable with death or imprisonment for life.

CRL.P.NO.75/2020

3

4. Under the circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.

The petitioner is granted anticipatory bail in Crime No.223/2019 of Hassan Rural Police Station, Hassan. If he is arrested in the said case, he shall be released on bail subject to the following conditions:

(i) Petitioner shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) Petitioner shall execute personal bond in a sum of Rs.25,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Jurisdictional Court for his appearance.
(iii) The Investigating Officer is at liberty to subject the petitioner to interrogation and recovery, if any.
(iv) Petitioner shall not tamper the prosecution witnesses by threats, inducement or otherwise.
(v) Petitioner shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
CRL.P.NO.75/2020 4
(vi) Petitioner shall not visit the scene of occurrence till the investigation is completed.

Sd/-

JUDGE CBC