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Crl.Misc.No.8135/2023
IN THE COURT OF THE LXIX ADDL. CITY CIVIL &
SESSIONS JUDGE, BANGALORE (CCH-70)
Dated this the 1st day of September, 2023
PRESENT;
Sri. Balagopalakrishna,
c/c of 69th Addl. City Civil and Sessions
Judge, City Civil Court, (CCH 70).
Crl.Misc.No.8135/2023
Petitioner:
Dattathreya H.N
aged about 57 years,
s/o late Narasimha Murthy,
r/o No. 407, Prestine Bogan village,
Girinagar 4th phase,
Bangalore 560 085.
(By Sri.H.R.Manjunatha, Advocate)
-V/S-
Respondent :
State of Karnataka by
Yelahanka police station,
Bengaluru.
(Represented by Prosecutor)
ORDER ON BAIL PETITION FILED
U/SEC. 438 OF CR.P.C.
This petition is filed by the petitioner u/sec. 438 of
Cr.P.C. praying to grant anticipatory bail
to him in the
event of his arrest by the respondent police in Cr. No.
131/2023 of
Yelahanka P.S.for the offence punishable
u/sec. 406, 409, 420 of IPC.

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Crl.Misc.No.8135/2023
2. It is stated in the petition that the respondent police
have registered Cr. No. 131/2023 against the petitioners
alleging the offence punishable u/sec. 406, 409, 420,
IPC on the basis of the information given by
one
of
Dr.

H.C.Prakasha. It is further stated in the petition that the
petitioner is innocent and he has not committed any offence
as alleged by the police. He has been falsely implicated with
malafide intention. The respondent police are making hectic
efforts to arrest the petitioner. The petitioner has
got
reasonable apprehension of his arrest by the respondent
police. The petitioner is the permanent resident of address
mentioned in the cause title and he is coming from
respectable family and he has
no bad antecedents
or
previously convicted and there is no case pending against
him. The petitioner is ready to abide by any of the terms
and conditions that may be imposed by the court for his
enlargement on bail. The petitioner is ready and willing to
offer surety to the satisfaction of the court. Hence prayed to
allow the petition.
3. The learned Prosecutor has filed objections to the
petition
alongwith
report
by
opposing
the
grant
of
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Crl.Misc.No.8135/2023
anticipatory bail to the petitioner on the ground that the
offence alleged to have been committed by the are grave in
nature and against Society.

It is further stated that the
petitioners are absconding from the date of registering case.
If the petitioners are enlarged on bail they may commit
similar offence in future.

It is further stated that if the
petitioners are enlarged on bail it would be difficult to
secure their presence for
trial. With all these grounds
amongst others learned PP has prayed to reject the petition
filed by the petitioners.
4. Heard the arguments of
learned P.P. and also
counsel for the petitioners. Perused the petition, objection
and other material on record.
5. The following
points
would arise for my
consideration are as under:
1. Whether the petitioner has made out
grounds to grant anticipatory bail
u/sec. 438 of Cr.P.C.?
2. What order?
6. On the basis of the evidence available on record my
finding on the above points are as under:
i. Point No.1:
ii. Point No.2:
In the affirmative.
As per final order on the following
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Crl.Misc.No.8135/2023
REASONS
7. The petitioner has filed present petition praying to
grant anticipatory bail to him in Cr. No. 131/2023 of
Yelahanka police for the offences punishable u/sec. 406,
409,
420
of IPC. The said crime was registered by the
police on the basis of the information given by
Dr.

H.C.Prakasha. The petitioner has produced the certified
copy of the FIR, complaint and other documents. As per the
FIR it is alleged that that the accused have misappropriated
Rs.

42,48,952/-. of the Agriculture University.

The
accused Vijaykumar.M was working as Assistant Financial
Control Officer from 24.6.2019 in the department of
Directorate
of
Post
Graduate
studies,
Agricultural
University, GKVK and he has been entrusted with the work
of financial management, maintenance of accounts etc. he
worked there till 31.3.2022 and during that period he
misappropriated the funds of the University.

Accordingly
the complaint is lodged. The respondent police have issued
notice to the petitioner u/sec. 41(A) of Cr.P.C calling upon
the petitioner for investigation. The name of the petitioner is
not shown in the FIR.

He is not involved in the alleged
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Crl.Misc.No.8135/2023
offence.
8. Since FIR is registered against the petitioner by
alleging the commission of non bailable offence and since
the complaint is filed against them by alleging the
commission of non bailable offence, the petitioner has filed
the present petition apprehending his arrest by the
respondent police. It is the apprehension of the petitioner
that the respondent police after registering the case against
him are making hectic efforts to arrest him and he has got
apprehension of arrest since the respondent police have
registered the FIR by alleging the non bailable offence, there
is possibility of arrest of the petitioner by the respondent
police during the course of investigation. The offences
alleged against the petitioner is not
exclusively punishable
with death or imprisonment for life. The alleged offences are
triable by the learned Magistrate. The contents of the FIR
has to be adjudicated only after
full fledged
trial.

Custodial interrogation of the petitioner is not required for
further investigation of the alleged offence because the role
of the complainant is depending on the documentary
evidence.

Further
petitioner
is
residing
within
the
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Crl.Misc.No.8135/2023
jurisdiction of the Magistrate and working in GKVK as an
employee. The petitioner is also
ready to abide by terms
and conditions imposed by the court for his enlargement
on bail. The petitioner is ready to furnish surety to the
satisfaction of the court for his appearance before the I.O.
he is also ready to cooperate with the investigation of the
case. As such there is no chance of the petitioner
absconding or fleeing away from justice.

The presence of
the petitioner during investigation of the case can be
secured by imposing suitable
terms and conditions. The
apprehension of the learned PP or IO can be meet out by
imposing some conditions. Under the above facts and
circumstances of the case I am of the opinion that the
petition filed by the petitioner is deserves to be allowed and
petitioner can be granted anticipatory bail by imposing
suitable conditions. Accordingly this Point No.1 is in the
affirmative.
9. Point No.2: By considering the above over all
reasons this court proceed to pass the following;
ORDER
Bail petition filed u/sec. 438 of Cr.P.C. by the
Petitioner is allowed. In the event of arrest, the
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Crl.Misc.No.8135/2023
respondent police are directed to release the petitioner
in connection with case in
Cr. No.131/2023 of
respondent police station that registered
for the
offence punishable u/sec. 406, 409, 420 of IPC on
executing personal bond for Rs.1,00,000/- with one
surety for the likesum to the satisfaction of the trial
court , subject to the following conditions.
1. The petitioner shall appear before the IO within 10
days from the date of receipt of this order.
2. He shall not threaten the Prosecution witnesses
directly or indirectly.
3. The petitioner shall cooperate for investigation.
4. The petitioner shall not indulge in any other
offence.
5. The petitioner shall furnish his correct address
proof before the trial court.
(Dictated to the JW, transcript thereof is corrected, signed
and then pronounced by me in open court on this the 1 st
day of September, 2023)
(Balagopala Krishna)
c/c of 69 Addl. City Civil and Sessions Judge,
Bangalore.
th
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Crl.Misc.No.8135/2023