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F. Srilekha & Another v/s State of Karnataka, Rep. by S.P.P., Bengaluru


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

    Criminal Petition No. 3794 of 2020

    Decided On, 03 September 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE H.P. SANDESH

    For the Petitioners: R. Rakshith, Advocate. For the Respondent: Rashmi Jadhav, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed Under Section 438 of Cr.P.C. praying this court to enlarge the petitioners on bail in the event of their arrest in Cr.No.24/2020 of Koramangala P.S., Bengaluru City for the offence punishable under Sections 408, 420 and 468 of IPC and Section 66 of I.T Act.)

Through Video Conference:

1. This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in respect of Crime No.24/2020 registered by the Koramangala Police Station, Bengaluru, for the offences punishable under Sections 408, 420 and 468 of IPC and Section 66 of IT Act.

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

3. The factual matrix of the case is that the petitioners along with the employees of Ujjivan Small Finance Bank had misappropriated the amount belonging to the Bank. The petitioners were running Servdel Consulting Services to recruit the employees to the various departments of Ujjivan Small Finance Bank. Based on the complaint, the police have registered the case against the petitioners and other two accused persons for the offences punishable under Sections 408, 420 and 468 of IPC and Section 66 of IT Act in Crime No.24/2020.

4. The learned counsel for the petitioners would submit that, it is a peculiar case and there is no specific and direct allegation against the petitioners. The main allegations are made against the employees of the particular Bank. Accused Nos.3 and 4 have already been enlarged on bail by the Trial Court. The learned counsel also submits that it is not necessary to keep the accused persons in custody and the petitioners will assist the Investigating Officer in the investigation. Hence, prays this Court to enlarge the petitioners on bail.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the allegation is made against these two petitioners along with other two accused persons. All of them have indulged in misappropriating the amount of the Bank to the extent of Rs.20,00,000/-. Hence, there is a prima facie case and there are no grounds to enlarge the petitioners on bail by invoking Section 438 of Cr.P.C.

6. Having heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the State, this Court has to examine whether it is a fit case to exercise the powers under Section 438 of Cr.P.C.

7. Having heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the State and on perusal of FIR and also complaint averments, it is clear that an allegation is made that the petitioners also indulged in cheating the Bank by misappropriating the amount along with accused Nos.3 and 4. The learned counsel for the petitioners also brought to my notice the copy of the order passed by the Trial Court enlarging accused Nos.3 and 4 on bail. Having taken note of the allegations made in the complaint and also the gravity of the offence, I am of the opinion that it is a fit case to exercise the powers under Section 438 of Cr.P.C., subject to certain conditions to safeguard the interest of the prosecution.

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

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.2/2020 of Koramangala Police Station, Bengaluru, for the offences punishable under Sections 408, 420 and 468 of IPC and Section 66 of IT Act, subject to the following conditions:

(i) The petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioners shall not indulge in tampering the prosecution

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witnesses. (iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer, as and when called for. (iv) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
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