Bail petition rejected. Petitioner, Branch Head accused of forging documents and embezzling funds totaling Rs.29 lakhs, denied bail pending investigation.
Petition rejected. Liberty to approach Court upon filing of charge-sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.5399/2022
BETWEEN:
MS.YOGASHREE H.C., D/O CHANGAPPA H.N., AGED ABOUT 31 YEARS, R/AT No.124, YARUR COLONY, HANAGALLU, KODAGU, KARNATAKA-571 236. …PETITIONER (BY SHRI.SYED JAFFER MOHIYUDDIN, ADV.) AND:
THE STATE OF KARNATAKA, BY HULIMAVU POLICE STATION, ELECTRONIC SUB DIVISION, REP. BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560001. …RESPONDENT
(BY SHRI.VINAYAK V.S., HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.No.255/2021 REGISTERED BY HULIMAVU POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 408, 409 AND 420 OF IPC
2
PENDING ON THE FILE OF IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and also the learned High Court Government Pleader for the respondent/State.
is that based on the complaint of one Shri Vijudev, working as PAN India Sales Manager of M/s.ICL Fincorp Ltd., is that while the accused was working as Branch Head, on 23.11.2021 when the Auditor conducted the jewellery audit, it was found that the accused along with other had obtained 658.10 grams gold from the customers and created 18 forged documents by opening fake accounts and withdrawn a sum of Rs.29,30,800/- from the company account and used the same for their personal use and thereby committed criminal breach of trust, cheating etc., Based on the said complaint, police registered a case against the petitioner for
3
the offences punishable under Sections 420, 408 and 409 read with Section 34 of IPC.
4
the parties and on perusal of the material placed before the Court, the allegation made against the petitioner/accused is that she has obtained 658.10 grams gold from the alleged customers by creating 18 forged documents and by opening fake account withdrawn a sum of Rs.29,30,800/- from the company account and used the same for personal use. When such being the case, the police have registered a case under Sections 420, 408 and 409 read with Section 34 of IPC and the offence under Section 409 IPC which is punishable with imprisonment for life. Hence, it is not a fit case to exercise jurisdiction under Section 439 of Cr.P.C. and to enlarge the petitioner on bail unless investigation is completed. Merely because the petitioner is in custody for last 2½ months, that cannot be a ground to enlarge the petitioner on bail.
following:
ORDER
5
ii) Liberty is granted to the petitioner to approach
the Court after filing of the charge-sheet.
Sd/JUDGE
Jm/-
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving Section 409 IPC punishable with life imprisonment.
Ms. Yogashree H.C.
The State of Karnataka
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
