Accused No.4 in a criminal breach of trust case involving misappropriation of Rs.2.57 crores cash entrusted for bank deposit sought anticipatory bail. The court noted the seriousness of the offence and that the petitioner's presence had not been secured during investigation, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 8254 OF 2024
BETWEEN:
SRI. PRAKASHA .S. S/O. SHIVANNA, AGED ABOUT 37 YEARS, R/AT NO.54/A, YASHAS BANGALORE CHITS PRIVATE LIMITED, 2ND FLOOR, 2ND BLOCK, 3RD STAGE, SHIVNAGAR, BANGALORE NORTH, BANGALORE - 560 010
…PETITIONER
Digitally signed by SWAPNA V Location: high court of karnataka
(BY SRI. RAMACHANDRA H., ADVOCATE)
AND:
THE STATE BY CUBBON PARK POLICE STATION SUB DIVISION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001
…RESPONDENT
(BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN CUBBON PARK POLICE STATION CRIME NO.46/2024 FOR THE OFFENCE P/U/S 406, 409, 420, 120B AND 201 OF IPC IN THE EVENT IF THE PETITIONER IS ARRESTED BEFORE THE HONBLE LXI ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED ANTICIPATORY BAIL IN CRL.MISC.NO.6446/2024 DATED 27.07.2024 HENCE THIS PETITION IS FILED BY PETITIONER.
NC: 2024:KHC:37539 CRL.P No. 8254 of 2024
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.4 is before this Court seeking grant of anticipatory bail in Crime No.46/2024 of Cubbon Park Police Station, on the file of the learned LXI Additional City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Sections 406, 409, 420, 120B and 201 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Mallikarjun.
“Whether the petitioner is entitled
for grant of bail under Section 438 of Cr.P.C.?”
My answer to the above point is in ‘negative’ for the following:
R E A S O N S
NC: 2024:KHC:37539 CRL.P No. 8254 of 2024
and seriousness of the offence, I am of the opinion that petitioner is not entitled for grant of anticipatory bail.
negative and proceed to pass the following:
ORDER
Petition is dismissed .
Sd/(M G UMA) JUDGE
BH List No.: 3 Sl No.: 5
1 issue framed by the court
Whether the petitioner is entitled to grant of anticipatory bail under Section 438 Cr.P.C. in Crime No.46/2024?
2 provisions across 2 enactments
Sri. Prakasha S.
The State by Cubbon Park Police Station Sub Division
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
