KABC010161872022
IN THE COURT OF THE LXII ADDL.CITY CIVIL & SESSIONS
JUDGE
BENGALURU CITY [CCH.63]
Dated: This the 28 th day of June, 2022
Present: Sri. A. EARANNA, M.Com., L.L.M.,
LXII Additional City Civil & Sessions Judge,
Bengaluru City.
Crl.Misc.No. 6032/2022
Petitioner
Krishnamurthy K.V.,
S/o M. Venkataswamy
Aged about 35 years,
R/at No. 139, Muniyappa Nilaya,
4th Cross, Near Little Bloom School,
Devasandra, Krishnarajpuram
Bengaluru-560 036
By A. P. Umesha, Advocate.
Vs.

Respondent:
State by Whitefield Cen Police station
Bengaluru
Rep. by Public Prosecutor.
O R DE R
2
Crl.Misc.No. 6032/2022
The petition is filed by the petitioner/accused under
Section 438 of Cr.P.C for an order of anticipatory bail.
2.

On the strength of complainant the Whitefield
Cen police have registered the case in Crime No. 233/2021
for the offence punishable under Sections 419 and 420 of
I.P.C. and section 66(c) and 66(d) of IT Act.
3.
working
Brief facts of the case is that the the accused
in
the
complainant’s
company
transferred
company’s amount of Rs. 5,11,742/- to his personal account
and 246 data were stolen from the company’s application
worth of Rs. 1,63,854/- are missing from the hub.
4.

In the bail petition it is contended that the
petitioner is innocent and he has not committed the alleged
offences. The respondent police have falsely implicated the
petitioner in the case on hand on the basis of false
complaint filed by the defacto complainant. The petitioner is
the permanent resident of his address shown in the cause
title of the petition. The petitioner is having deep root in the
society. The respondent police are making hectic efforts to
arrest the petitioner and hence, on genuine apprehension of
his imminent arrest by the respondent Police, the petitioner
has been constrained to file this petition for anticipatory
bail. The petitioner is ready to abide by any conditions that
Crl.Misc.No. 6032/2022
3
may be imposed by the court and he is ready to co-operate
with the I.O. during investigation and he is ready to furnish
surety
to
ensure
his
regular
attendance
before
the
concerned Court. Inter alia, on these grounds, the petitioner
pray for allowing of the bail petition.
5.

Whereas, the learned Public Prosecutor filed
objection along with counter of I.O., Case Dairy and other
documents, by contending that the investigation so far as
made by the I.O., reveals that the petitioner has committed
the alleged offences. Now the investigation is in preliminary
stage,
at
this
anticipatory
stage,
bail,
the
the
petitioner
petitioner
is
may
granted
with
threaten
the
prosecution witnesses and he may destroy the prosecution
evidence or he may commit the similar kind of offences and
the possibility of petitioner fleeing away from justice cannot
be ruled out. Inter alia, on these grounds, the learned Public
Prosecutor prays for dismissing of the bail petition.
6.

Heard both sides. Perused the record.

7.

Following points arise for consideration of this
Court:
1.

Whether the petitioner has made out
ground to enlarge him on anticipatory
bail under Section 438 of Cr.P.C.?

2.

What Order?

Crl.Misc.No. 6032/2022
4
8.

My findings on the above Points are as
follows:
Point No.1 – In the Affirmative
Point No.2
– As per Final Order, for the
following:
R E A SON S
9.

Point No.1: Brief facts of the case is that, the
complainant is the logistic company engaged in the
business of providing diversified delivery services. The
accused is one of the employee designated as an on-role
employee. The finance team of the company stated that
there is shortage of amount of Rs. 5,11,742/-. After
delivery, delivery boy use to transferred the amount
whichever paid through UPI by the customers to his bank
accounts and 246 data were stolen from the company’s
application worth Rs. 1,63,854/- from the company’s hub.
Hence the complaint. Based on the complaint the above
said respondent police have registered the case against to
the accused persons in Crime No. 233/2021 for the
offences punishable under Sections 419 and 420 of I.P.C.
and section 66(c) and 66(d) of I.T Act.
10.

Counsel for the petitioner argued that the petitioner
has
not
committed
any
offence
as
alleged
by
the
5
Crl.Misc.No. 6032/2022
complainant police. Alleged offences are not punishable
with life imprisonment or death. Alleged offences are triable
by the Magistrate and the accused is ready to abide by the
conditions imposed by the Court. Therefore he prays to
allow the bail application. Learned Public Prosecutor have
argued that case is under investigation. If the accused
released on bail then there is chances of abscond and there
is chances of destroy the documents and threaten the
witnesses. I.O. has to collect the documents and record the
evidence of witnesses. Therefore she prays to reject the bail
application.
11.

On perusal of materials on record it reveals that the
present petitioner was working in the said Shadowfax
technologies private limited company. During the course of
his work he has misappropriated an amount of Rs.
5,11,742/- from the accused. Thereafter the complainant
gave phone call to the petitioner to refund the said amount.
But the said amount was not refunded. Thereafter the
complainant lodged the complaint before the respondent
police. It reveals that the petitioner was working in the said
complainant’s company and there was misappropriation of
funds by the petitioner. On perusal of the records the
respondent police have registered the case for the offence
punishable u/s 419 and 420 of I.P.C. and 66(c) and 66(d) of
I.T. Act. These offences are not punishable with death or
6
Crl.Misc.No. 6032/2022
imprisonment for life. If the accused is arrested his
personal liberty curtailed by sending into JC. Moreover said
offence are triable by the court of Magistrate. Apprehension
of the prosecution can be meted out by suitable conditions.
12.

Since the petitioner has undertaken to co-operate for
the investigation even if he is granted with anticipatory bail,
the police can still hold investigation.
13.

The petitioner claims to be the permanent resident of
address shown in the cause title of the bail petition. It is
urged that the petitioner is ready and willing to furnish
surety to the satisfaction of this Court to ensure their
attendance before the I.O and the Court and he is also
ready to abide by any conditions imposed by Court. As
such, possibility of the abscondance of petitioner is too
remote.
14.

The apprehension and interest of the prosecution that
the petitioner may tamper with the prosecution witnesses,
flee away from justice can be taken and safeguarded by
imposing some suitable conditions. Hence by considering
all these aspects, I am of the opinion that the petitioner is
entitled for bail and accordingly, I answer the above Point
No.1 in the Affirmative.

Crl.Misc.No. 6032/2022
7
15.

Point No.2: In view of my findings on Point No.1, I
proceed to pass the following:
O R DE R
The anticipatory bail petition filed by
the
petitioner
under
Section
438
of
Cr.P.C is hereby allowed.
The respondent police are hereby
directed to enlarge the petitioner on
anticipatory bail in the event of his
arrest
in
Crime
No.

233/2021
of
respondent Police Station on execution
of his personal bond for Rs.1,00,000/with one surety for the like sum on the
following conditions:
1.That
the
petitioner
shall
appear
before the I.O. within 30 days from the date
of this order and shall co-operate in the
matter of investigation or whenever called
by the I.O.
2. That the petitioner shall mark his
attendance once in 30 days preferably on
2nd Saturday before the Jurisdictional Police
till filing the final report.
3. That the petitioner shall not hold any
threat to the complainant and shall not
Crl.Misc.No. 6032/2022
8
tamper
with
any
of
the
prosecution
witnesses directly or indirectly.
4. That the petitioner shall not leave the
jurisdiction
of
the
court
without
prior
permission.
5. That the petitioner shall furnish his
residential address proof and that of her
surety.
6. That the petitioner shall not indulge
in similar type of offences in future.
7. That the petitioner shall appear
before the trial court regularly without fail
on receipt of the summons.
8. That if the petitioner fails to obey any
of the above said conditions, then this bail
order automatically stands canceled.
(Dictated to the Stenographer directly on computer, computerized printout taken
thereof is corrected, signed and then pronounced by me in Open Court on this the 28 th
day of June, 2022).

(A. EARANNA)
LXII Addl. City Civil & Sessions Judge,
Bengaluru City.