Nithin Kumar vs State By Govindarajanagara Police Station Bengaluru City Represented By State Public Prosecutor, High Court Buildings, Bengaluru 560001

S Vishwajith Shetty, J

Accused in Crime No.297/2023 registered by Govindaraja Nagar Police Station, Bengaluru city for the offence punishable under Sections 420, 465, 468 and 471 of Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') is before this Court seeking anticipatory bail under Section 438 of Cr.P.C.

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

On the basis of the complaint lodged by Puttanarasappa K., son of Kambegowda on 21.08.2023, FIR in Crime No.297/2023 was registered by Govindaraja Nagar Police Station, Bengaluru city for the aforesaid offences against the petitioner. In the complaint it is averred that the petitioner was working as a car driver of the complainant for about last 8 months and he was paid Rs.15,000/- per month as salary. In the month of February-2023, the petitioner allegedly had stolen 15 cheques belonging to the complainant and after forging the signatures on the said cheques, he had given the said cheques to his friends and in their name total amount of Rs.45 lakhs has been withdrawn. It is further averred that the petitioner also had blocked the Bank messages in the complainant's phone. It is in this background the complainant had lodged a complaint in the month of August- 2023.

Apprehending arrest in the said case the petitioner had filed Criminal Miscellaneous No.8771/2023 which was dismissed by the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru City on 22.09.2023. It is under these circumstances, the petitioner is before this Court.

The learned counsel for the petitioner reiterates the grounds urged in the petition and prays to allow the petition.

Per contra, learned High Court Government Pleader has seriously opposed the petition and prays for dismissal of the petition.

Allegation against the petitioner is that he had stolen 15 cheques belonging to the complainant in the month of February-2023 and by forging signature of the complainant, through his friends he had withdrawn an amount of Rs.45 lakhs from the Bank account of the complainant. It is also alleged that the petitioner had blocked the messages that was being sent by the Bank to the complainant's phone. The complaint is belatedly lodged in the month of August-2023, whereas the alleged fraud was committed by the petitioner in the month of February-2023. Considering the nature of the allegations made in the complaint and also having regard to the fact that the alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offence is imprisonment for seven years, I am of the view that petitioner's prayer is required to be answered affirmatively.

Under these circumstances, I am of the view that, petitioner who has no other criminal antecedents has made out a case for grant of anticipatory bail. Hence, the following:

ORDER

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.297/2023 registered by Govindaraja Nagar Police Station, Bengaluru city for the offence punishable under Sections 420, 465, 468 and 471 of IPC, subject to the following conditions:

Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (One lakh only) with two sureties for the likesum to the satisfaction of the concerned Court.

Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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.

Petitioner shall not involve in similar offences in future.