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2025 DAILYLAW 36613 (KAR)

SRI ANIL KUMAR D v. THE STATE OF KARNATAKA

CRL.P/14003/2024 · 2025-01-23

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:2888 CRL.P No. 14003 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14003 OF 2024 (438(Cr.PC) / 482 (BNSS)) BETWEEN: SRI. ANIL KUMAR D S/O DIWAKARA AGED ABOUT 30 YEARS R/AT C/O NAGENDRAPPA KASABAG, NEAR BAPUJI SCHOOL DODDABALLAPURA, DURGAPURA BANGALORE-561 203 …PETITIONER (BY SRI. K.N. NARAYANASWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA BY YELAHANKA NEW TOWN POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS-560 001 …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S.438 OF (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL U/S.438 OF CR.P.C AND DIRECTED TO RESPONDENT POLICE IN THE EVENT OF HIS ARREST RELEASE THE PETITIONER ON BAIL IN CRIME NO.386/2024 OF RESPONDENT YELAHANKA NEW TOWN POLICE STATION, FOR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2888 CRL.P No. 14003 of 2024 THE OFFENCE P/S/U/ 408, 420 OF IPC PENDING ON THE FILE OF THE 4TH ACMM AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State and perused the material on record. 2. FIR in Crime No.386/2024 is registered against petitioner/accused at Yelahanka New Town Police Station, Bengaluru City for offences punishable under Sections 408 and 420 of IPC. 3. In the complaint lodged by Sri.Nandakishore.V, General Manager-HR of a Company called Centum, he has made allegations of cheating and criminal breach of trust against the petitioner who was working as an officer- Finance from 06.06.2022 to 13.02.2024. - 3 - NC: 2025:KHC:2888 CRL.P No. 14003 of 2024 4. It is alleged that petitioner was responsible for payables section in the finance department and handled all supplier payments for Company and during his tenure, he intentionally transferred Company money to accounts of his father, relative and friend using supplier names. Financial loss to the tune of Rs.24,18,662/- has been alleged against petitioner. 5. Learned counsel for petitioner, drawing attention of the Court to the resignation letter of petitioner and acceptance of resignation by the Company, would contend that petitioner was relieved from services of Company as per terms of appointment from 13.02.2024 and even Company has given Service Certificate stating that during period of services, his character and conduct were good. 6. Complaint is lodged on 30.07.2024, 5 months after the petitioner resigned from the Company and his resignation was accepted. - 4 - NC: 2025:KHC:2888 CRL.P No. 14003 of 2024 7. The allegations against the petitioner have to be proved in due course, in accordance with law. The offence alleged are not punishable with death or imprisonment for life. Petitioner has undertaken to co-operate with the investigation. Hence, by imposing conditions, relief sought can be granted. 8. Accordingly, the following : ORDER Petition is allowed. Petitioner/accused in Crime No.386/2024 registered by Yelahanka New Town Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with a surety for the likesum. - 5 - NC: 2025:KHC:2888 CRL.P No. 14003 of 2024 b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE NS List No.: 1 Sl No.: 40