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Judgment
S Vishwajith Shetty, J
Accused No.6 in Crime No.116/2024 registered by Chikkmagaluru Town Police Station, Chikkamagaluru District for the offences punishable under Sections 406, 408 & 420 of IPC is before this Court seeking anticipatory bail.
Heard the learned counsel appearing for the parties.
FIR in Crime No.116/2024 was registered by Chikkmagaluru Town Police Station, Chikkamagaluru District against Manjunatha and five others for the aforesaid offences on the basis of first information dated 29.06.2024 received from Sri Gurappa Chulaki. The petitioner is arrayed as accused No.6 in the FIR. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.407/2024 before the jurisdictional Sessions Court, which was rejected on 03.08.2024. Therefore, he is before this Court.
Learned counsel for the petitioner submits that no complaint has been received from the customers stating that they had paid amount to the petitioner towards EMI of their loan and the same was not deposited to their loan account by the petitioner. For extraneous reason, the Manager of the Finance Company has filed a police complaint against the employees. The petitioner has no criminal antecedents and he is ready to cooperate for the purpose of investigation. Accordingly, he prays to allow the petition.
Per contra, learned HCGP has opposed the bail petition. He submits that custodial interrogation of the petitioner is required having regard to the allegations found in the FIR. Accordingly, he prays to dismiss the petition.
The petitioner and the other accused in the present case were working as loan officers in the private finance company of which the first informant is the Manager. The allegation against the accused is that they had misappropriated certain amount which was paid to them by the customers of the Finance Company towards EMI of their loan borrowed from the Finance Company. The petitioner allegedly has misappropriated total amount of Rs.55,220/-.
In the first information it is stated that in the audit report aforesaid misappropriation was pointed out and thereafter police complaint was lodged. The material on record does not to disclose that, the Finance Company had received any complaint from its customers that they had paid EMI to the accused and the same was not deposited by accused to their loan account. The first informant appears to have approached the Police solely based on audit report and not on receipt of any complaints from the customers of the Finance Company. Undisputedly, the petitioner has no criminal antecedents. The offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. The petitioner has undertaken to cooperate with the police for the purpose of invesgitaion. Under these circumstances, I am of the opinion that the petitioner has made out a case for grant of anticipatory bail.
Accordingly, the following:
ORDER
The Criminal Petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.116/2024 registered by Chikkmagaluru Town Police Station, Chikkamagaluru District for the offences punishable under Sections 406, 408 & 420 of IPC subject to the following conditions:
The petitioner shall appear before the Investigating Officer within fifteen days from today and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.