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SUBHASH BADI CRIMINAL PETITION No. 2339 of 2012 · Karnataka High Court

SUBHASH BADI CRIMINAL PETITION No. 2339 of 2012SUBHASH BADI

Case at a glance

Outcome

Partly allowed

Accordingly, petition is partly allowed

Provisions considered

Key paragraphs

  • Para 44. Accordingly, petition is partly allowed. Petition of Accused No.1/Petitioner No.1 is rejected. He may revise application after the chargesheet filed. Petitioner No.2/Accused No.2 enlarged 4nr bail. Accordingly, the petition Is ailowed. Petitioner4 is enlarged on bail subject to following conditions: i) The petitioner shall…

Judgment

SRI. C RAJANNA S/O CHIKKAMUNIYAPPA DOMMSANDRA, ANEKAL TALUK, SURJAPURA HOBLI, BANGALORE DISTRICT 2 SRI. RAMESH 5/0 MUTHAPPA DOMASANDRA POST, SARJAPUR HOBLI, ANEKAL TALUK, BANGALORE DISTRICT (By SrLTOMY SEBASTIAN ASSOCIATES. ADVS) STATE OF KARNAIAKA BY HAL POLICE STATION BANGALORE By SrLSATISH P\.GiRJi, HCGP) This CrLP is fiie.d u/sA39 CnRC, praying to release he pet Lsnes r bs o 92, 2312 t HAL Pc S. a I Station, Bangalore for the offences p/u/s.409, 468 and 471 of IPC. This Crl.P coming on for Orders, this day, the Court made the following: ORDER This petition is by Accused Nos. 1 and 2 in Crime No.92/2012 registered by HAL Police for offences punishable under Sections 409, 468 and• 471 of IPC. Petitioner/Accused No.1 who was working as a Contract Labourer In the Finance Department of Aero Division of HAL, fraudulantly altered the RTGS payment bills and got the amount credited in the account of Accused No.2. The bank authorities, during the investigation, found that an amount to the tune of Rs.62,00,000/- has been misappropriated by the accused No.1. Accordingly, the case has been registered.

2.

Learned counsel for the petitioner submits that there Is no embezzlement and at the best, the case may attract provIsions of SectIon 408 and not 409 of IPC. He also submIts that Accused No.3 has been enlarged on bail In Petition No.2127/12 dated 10t May 2012. 4’ a. C)

3.

In so far as Accused No.1 is concerned, there is a serious allegation and he is the person directly connected with the transfer of documents pertaining to RTGS which have been stated to have been tampered. Therefore, his ball application is rejected.

Operative part

4.

Accordingly, petition is partly allowed. Petition of Accused No.1/Petitioner No.1 is rejected. He may revise application after the chargesheet filed. Petitioner No.2/Accused No.2 enlarged 4nr bail. Accordingly, the petition Is ailowed. Petitioner4 is enlarged on bail subject to following conditions: i) The petitioner shall execute a personal bond for Rs.25,000/- with two solvent sureties for the like sum to the satisfaction of the Thai Court; ii) He shah regularly attend the Court on hearing dates. W) He shaH not tamper with the prosecution witnesses, Sd/ JUDGE bnv*

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, petition is partly allowed

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — ss. 409, 468, 471.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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