Uday Kumar a Vs the State of Karnataka by

THE STATE OF KARNATAKA BY ANDERSONPET POLICE STATION, K.G.F - 563 122. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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…RESPONDENT

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(BY SMT. N. ANITHA GIRISH, HCGP)

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THIS CRL.P IS FILED U/S 438 OF CR.P.C. (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER / ACCUSED NO.2 ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.44/2021 REGISTERED AT THE ANDERSONPET POLICE STATION, PENDING ON THE FILE OF THE HON'BLE PRL. CIVIL JUDGE (JUNIOR DIVISION) AND JMFC COURT, KOLAR DISTRICT, KGF, FOR THE OFFENCE P/U/S 409 R/W SEC.34 OF IPCAND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:1717 CRL.P No. 13682 of 2024

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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Learned HCGP takes notice for respondent/State.

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This petition is filed by the petitioner/accused No.2 under Section 482 of BNSS (438 of Cr.P.C.) for granting anticipatory bail in Crime No.44/2021 registered by Andersonpet Police Station for the offence punishable under Section 409 read with Section 34 of IPC.

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Heard the arguments of learned counsel for the petitioner and learned HCGP for the State.

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The case of the prosecution is that one Mahendra K working as Route Leader Operator at M/s.Writer Business Services Pvt. ltd., which provides service for cash replenishment agency offering services of cash replenishment to Bank ATMs, cash transportation and ATM servicing. That on 12.04.2021, the present petitioner and other accused No.1 and others had loaded the cash to the Canara Bank. They said to have collected cash of ₹5 Crores 76 lakhs from the Canara Bank Currency chest to load in Canara ATM machines.

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NC: 2025:KHC:1717 CRL.P No. 13682 of 2024

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However, one ATM machine was found only with ₹20 lakhs instead of ₹25 lakhs and ₹5 lakh was missing. A report was sent to the Bank on 19.04.2021 but complaint came to be filed on 07.07.2021, after the enquiry. A case was registered against the petitioner and others and this petitioner apprehended the arrest in the hands of the police. Hence, he approached the sessions judge for granting anticipatory bail, which came to be rejected. Hence, he is before this court.

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Learned counsel for petitioner contended that the accused No.1 already granted bail by this court in Crl.P.No.7975/2021 on 18.11.2021. Even the complainant has received the insurance amount. Therefore, they have not participated in the investigation proceedings and since last 3 years , there is no further proceedings in the investigation. He is ready to abide by any conditions. Hence prayed for granting bail.

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Per contra, learned HCGP objected the bail petition.,

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Having heard the arguments and perused the records, which reveals ofcourse, this accused and other accused were all incharge of loading the cash to the ATM machines of Canara

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4 - NC: 2025:KHC:1717 CRL.P No. 13682 of 2024

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Bank and there was a short fall of ₹5 lakhs from the machine where it was required to be loaded ₹25 lakhs. But they found with an amount of only ₹20 lakhs. Ofcourse, the same was reported in 19.4.2021 but complaint came to be filed only on 07.07.2021. Though the co-accused approached this court and had been granted bail by this court on 18.11.2021, this petitioner being the accused No.2. As the main accused already is released on bail by imposing conditions, therefore, this petitioner is also entitled for bail on the ground of parity. Hence, the following order:

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Order

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The Criminal petition is allowed .

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The respondent police is directed to release the petitioner/accused No.2 in Crime No.44/2021 registered by Andersonpet Police Station subject to the following conditions:

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(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/( Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;

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NC: 2025:KHC:1717 CRL.P No. 13682 of 2024

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(ii) Petitioner shall surrender before the Investigating Officer within 15 days.

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(iii) Petitioner shall not indulge in similar offences strictly;

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(iv) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

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(v) Petitioner shall not leave the jurisdiction without prior permission of the trial Court.

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(vi) Petitioner shall be deemed custody for the purpose of any recovery under Section 27 of the Indian Evidence Act, 1872;

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(vii) Petitioner shall appear before the Investigating Officer on every Monday between 10:00 a.m. and 4:00 p.m. for a period of two months or till filing of the charge-sheet, whichever is later.

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If any of the above conditions are violated, the

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prosecution is at liberty to seek cancellation of this bail

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order.

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Sd/(K.NATARAJAN) JUDGE

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AKV List No.: 2 Sl No.: 2 CT:SK

Uday Kumar a v. the State of Karnataka by

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Uday Kumar a v. the State of Karnataka by

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