Nazeem Shariff vs State Of Karnataka

H.P.Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.285/2019

registered by the HSR Layout Police, Bengaluru for the offence punishable under Section 420 of Indian Penal Code (for short IPC).

Heard learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State.

The factual matrix of the prosecution case is that accused Nos.1 and 2 indulged in getting an amount of Rs.4,80,852/- instead of Rs.48,852/- and

thereafter, an amount of Rs.4,50,000/- was utilized by accused Nos.1 and 2 and after drawing the amount from the account of accused No.3, an

amount of Rs.30,000/- was remained in that account. Out of that amount, an amount of Rs.15,000/- was transferred to the account of this petitioner

and hence, this petitioner is also arrayed as accused No.4.

Having heard the learned counsel appearing for the petitioner and also learned counsel appearing for the respondent - State and taking into note of

the transfer of amount of Rs.15,000/- in favour of this petitioner from the account of accused No.3 and taking into gravity of the alleged offence, this

is a fit case to exercise discretion under Section 438 of Cr.P.C. Considering all these facts and circumstances and also the fact that accused No.2 is

already enlarged on bail in Criminal Petition No.5656/2020 on 08.12.2020, I am of the opinion that the petitioner is also entitled to be enlarged on bail

on the principles of parity. Hence, this petition deserves to be allowed subject to conditions.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.285/2019 of HSR

Layout Police Station, Bengaluru for the offence punishable under Section 420 of IPC, subject to the following conditions:-

(i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and

shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the

concerned Investigating Officer.

(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as

and when called for.

(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of

three months, whichever is earlier.

(v) The petitioner shall mark his attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating

Officer for a period of three months or till the charge sheet is filed, whichever is earlier.