Sri. Chandrashekara Naik K.V v. The State of Karnataka

e -e1e-eeeee e e NC:(2024:KHC:53287 CRL.P(No.(13647(of(2024 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(30 (DAY(OF(DECEMBER,(2024( BEFORE( THE(HON'BLE(MR(JUSTICE(ANANT(RAMANATH(HEGDE( CRIMINAL(PETITION(NO.(13647(OF(2024( BETWEEN:( SRI.,CHANDRASHEKARA,NAIK,K.V,, S/O,VEERANAIKA,, AGED,ABOUT,33,YEARS,, OCCUPATION:,POST,MASTER,, MAIN,POST,OFFICE,,ARASIKERE,TOWN,, PRESENTLY,RESIDING,AT, KOMMARAGHATTA,THANDYA,, BANAVARA,HOBLI,,ARASIKERE,TALUK,, HASSAN,DISTRICT,-,573,103,, MOBILE,NO.,93532,31793., …PETITIONER, (BY,SRI.,BALAKRISHNA,M.R,,ADVOCATE), AND: Digitally signedtiby THE,STATE,OF,KARNATAKA,PRAMILA0G0V Location: BY,BANAVARA,POLICE,STATION,, HIGH0COURT HASSAN,DISTRICT,,OF KARNATAKA REPRESENTED,BY,ITS,STATE,PUBLIC,PROSECUTOR,, HIGH,COURT,BUILDING,, BANGALORE,-,560,001., …RESPONDENT, (BY,SRI.,VINAY,MAHADEVAIAH,,HCGP), , THIS,CRL.P,,IS,FILED,U/S,438,OF,CR.PC,(FILED,U/S,482, BNSS), PRAYING, TO, PASS, AN, ORDER, DIRECTING, THE, RESPONDENTS, POLICE, TO, RELEASE, HIM, ON, BAIL, IN, THE, EVENT,OF,HIS,ARREST,IN,CR.NO.119/2024,DATED,14.11.2024,

FOR THE ALLEGED OFFENCE P/U/S 409 OF IPC BY THE RESPONDENT BANAVARA P.S. AND NOW PENDING ON THE FILE OF HONBLE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT ARASIKERE HASSAN DISTRICT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned advocate appearing for the petitioner as well as the respondent.

¶2The petition is filed under section 482 of B.N.S.S., 2023. The complaint is lodged for the alleged offence under Section 409 of Indian Penal Code, 1860 and the same is registered in Crime No.119/2024 before the Banavara Police Station, District Hassan, Arasikere Circle. A petition is filed seeking anticipatory bail before the Sessions Judge at Hassan, the said petition in Crl.Misc.No.1212/2024 is dismissed vide order dated

09.12.2024.

¶3It is alleged in the complaint that when the alleged incident took place, he was working as a post

master at Bendigere post office. It is alleged that the petitioner has withdrawn a sum of Rs.1,87,500/- from savings account of 5 persons and the complaint would reveal that all those five persons were dead by the time the amount was withdrawn. It is alleged that the petitioner himself has withdrawn the said amount. Based on these facts, the aforementioned complaint is filed.

¶4Apprehending arrest, the petitioner filed a petition seeking anticipatory bail, same was rejected as noticed above.

¶5The learned counsel appearing for the petitioner would contend that the alleged incident took place between 2017 and 2022 and complaint is lodged on

14.11.2024. It is his further submission that department enquiry is also being held and the petitioner is forced to deposit entire amount of Rs.1,87,500/-. It is his contention that the custodial interrogation is not required in a case like this where the alleged incident is borne out from the records. It is also his contention that all the

records are available in the post office, as such, there is no reason for the prosecution to oppose the petition seeking anticipatory bail.

¶6The learned High Court Government Pleader would oppose the petition on the premise that in case the petition is allowed and bail is granted to the petitioner, petitioner is likely to destroy the evidence and will interfere in the fair and smooth investigation.

¶7This court has considered the contentions raised at the bar and perused the records.

¶8Admittedly, the complaint would reveal that some amount is withdrawn from account of five persons who opened savings bank account in the post office. The allegation is that all the five persons were dead when the amount was withdrawn. If that is the case, the alleged offence is borne out from the records. This court is of the view that to investigate such an offence, the detention and custody of the accused is not required. By imposing

necessary conditions, the accused can be enlarged on bail. Hence, the following: O R D E R

(i) The petition is allowed.

(ii) The respondent - State / Police officer shall release the petitioner on bail on petitioner furnishing bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) along with surety for the likesum.

(iii) The bail bond shall be offered before the jurisdictional police within 15 days from today.

(iv) The petitioner shall appear before the police as and when required and shall cooperate in the investigation.

(v) The petitioner shall not destroy any evidence and shall not interfere in the process of investigation. Sd/- (ANANT RAMANATH HEGDE) JUDGE SS List No.: 1 Sl No.: 97 CT: BHK