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The Indian Penal Code, 1860
Section 408 in The Indian Penal Code, 1860
Section 420 in The Indian Penal Code, 1860

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Karnataka High Court
Sri M Kumaraswamy S/O Mahaswamy vs The State By Chitradurga Town ... on 16 August, 2012
Author: V.Jagannathan

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated the 16th day of August 2012 :BEFORE:

HON'BLE MR.JUSTICE V.JAGANNATHAN CRL.P.No.4649 / 2012

BETWEEN:

SRI M KUMARASWAMY

S/O MAHASWAMY

AGED ABOUT 28 YEARS

R/O KUNCHIGANAL NAGERAHATTI INGALADAL POST-577 524

CHITRADURGA TALUK

... PETITIONER

(By Sri D P MAHESH, ADV.)

AND:

THE STATE BY CHITRADURGA TOWN POLICE REP BY LEARNED PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

BANGALORE

... RESPONDENT

(By Sri G M SRINIVASA REDDY, HCGP.) CRL.P FILED U/S.439 CR.P.C PRAYING TO PASS AN ORDER GRANTING AN ORDER OF BAIL IN FAVOUR OF PETITIONER IN CONNECTION WITH CR.NO.11/2012 ON THE FILE OF THE 2ND ADDL. SR. C.J. & JMFC, CHITRADURGA, BY GRANTING AN ORDER OF ANTICIPATORY BAIL FOR THE OFFENCE P/U/S 408, 420 OF IPC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING : ORDER

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent- State in respect of bail sought by the petitioner who is said to be A-1 in Cr.No.11/12 in respect of the offence punishable under Sections 408 and 420 of IPC.

2. Learned counsel for the petitioner submits that A-2 has been released on bail and this petitioner was only a Field Officer and the main allegations are against A-2 in respect of the alleged misappropriation of company's money worth Rs.8 lakhs. Therefore, in view of grant of bail to A-2, though she is a woman, this petitioner also be released on bail as he has surrendered before the trial court pursuant to this court's direction.

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3. Having thus heard the petitioner's counsel and also the learned Government Pleader for the respondent-State and grant of bail to A-2, the petitioner also can be released on bail on the following conditions.

Hence, the following order is passed.

1. The petitioner shall be released on bail on his furnishing personal bond for Rs.50,000/- with two sureties for the likesum to the satisfaction of the trial court.

2. He shall not tamper with the evidence and shall not give threat to the witnesses in any manner.

3. He shall not hamper the investigation.

4. He shall attend the court on all dates of hearing.

5. He shall mark his attendance before the concerned police station on the 15th and 30th of every month between 10.00 a.m. and 5.00 p.m.

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6. He shall not involve himself in the offence of like nature in future.

Sd/-

JUDGE

Dvr: