KABC010158672022
135
IN THE COURT OF THE LX ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH 61)
:Present :
Sri Narashimsa.M.V., B.Com., LL.B.,
LX Addl. City Civil & Sessions Judge,
Bengaluru.
Dated: This the 23rd day of June, 2022
: Crl.Misc.No. 5904/2022:
PETITIONER:-
Josephin
W/o Alexander.W.
Aged about 35 years
R/at No. 117/3, Near Big Bazaar
Kathriguppe Main road
Banashankari III Stage
Bengaluru-560 085.
(By Sri. Mohan Kumar.D., Adv)
V/s
RESPONDENT :
1. The State of Karnataka
By: Banashankari Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
2. Akshatha Shekar
S/o Chandrashekar
Aged about 39 years
R/at No. A-502, 5th Floor
Nagarjuna Premier Apartment
Near Sindhoor Chowtry
J.P.Nagar, 6th phase
Bengaluru-560 068.
(Notice dispensed)
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Crl.Misc.No.5904/2022
ORDER
Accused in Banashankari Police Station Crime No. 135/2022
has filed anticipatory bail application under Sec. 438 of Cr.P.C. She
is alleged to have committed offences punishable under Sec. 406
and 420 of IPC.
2. Brief facts of the case as forthcoming from the first
information is that:
Accused/petitioner was working in Chandrashekhar Indane
Distributors of which first informant is the Proprietor, accused was
doing the work of attending to customer, keeping accounts of daily
collection, supervising delivery of gas, collecting monies for transfer
of connection from one agency to another agency, customers who
were transferred to other cities were also attended by accused,
each day by whatsapp accused was giving report to the proprietor.
Of late accused is said to have embezzled admission fee of Rs 120/from 120 customers, collected illegal deposit from customers, has
not deposited the same with the proprietor, has manipulated cash
and accounts in total Rs 1,25,000/- has been misappropriated.

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3.

Public Prosecutor has filed
Crl.Misc.No.5904/2022
objections to the
bail
application, in which the averments of complaint are reiterated.
Petitioner is absconding from the date of offence, accused should
not be granted anticipatory bail, statement of several witnesses have
to be recorded, if accused is granted bail she will destruct the
evidence, threaten the witness, abscond from the jurisdiction of the
Court and repeat similar kind of offence.
4. Heard the learned Advocate for petitioner and the learned
PP.
5. The point that arise for consideration is :
(1) Whether anticipatory bail application filed by
accused deserves to be allowed ?
6. My finding to above point is in the Affirmative, for the
following :REASONS
7. Point No.1: Along with the petition application for grant of
interim bail was filed. Considering the exceptional circumstances
and petitioner being a women interim anticipatory bail was granted
on 15.6.2022 which has been extended till date.

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Crl.Misc.No.5904/2022
8. Notice is not issued to respondent No.2 as it is not
mandatory to hear the first informant. Offences are said to have
taken place between 1.6.2020 to 21.3.2022.

It is admitted that
accused was working in the gas agency run by first informant. First
information itself discloses that every day by whatsapp all money
transactions conducted by accused were being reported to the
proprietor.

New
customers coming to the agency and due to
transfer or change of place of residence outgoing customers is a
routine process. It is unbelievable that for a period of nearly two
years accounts were not checked by the proprietor. It is contended
by the learned counsel for petitioner that since accused wanted to
leave the job and demanded arrears of salary false case has been
lodged.

Petitioner is a women, allegations against her is of
misappropriation and cheating, all records/documents are available
in the office of the first informant, accused as of now is not working
in the gas agency of first informant. Question of those records
being tampered does not arise. It was submitted that petitioner’s
husband is physically challenged person and the petitioner is only
person to look after him. In view of the foregoing, I answer the
above point in the Affirmative and proceed to pass the following :
Crl.Misc.No.5904/2022
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ORDER
Anticipatory Bail application filed by accused in
Banashankari Police Crime No. 135/2022 is hereby
allowed. Accused shall be released on bail in the event
of her arrest subject to the following :
CONDITIONS
1. Accused shall execute personal bond for Rs
1,00,000/- with a surety for likesum.
2. Accused
shall appear before the I.O. on or
before 05.07.2022 and co-operate with the investigation
in all respects.
3. Accused
shall
mark
her
attendance
in
jurisdictional police station on every 4th Saturday till
completion of investigation.
4. Accused shall not threaten the witnesses or
destruct evidence.
5.

Accused
shall
appear
before
learned
Magistrate on or before 30.07.2022.
(Dictated to the Stenographer, transcribed and typed by him, after corrections,
pronounced by me in the Open Court on this the 23 rd day of June, 2022)
(NARASHIMSA.M.V.)
LX Addl. City Civil & Sessions Judge,
Bengaluru