GUNDAM SATISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is under section 438 of Cr.P.C., by accused No.1 and 2, for release on bail in the event of their arrest in Crime No.64/2019 of Gandhi Nagar P.S., Ballari, registered for the offence punishable under sections 408 , 420 , 34 of IPC.

(2.) The facts briefly stated are that, on the complaint filed by Sri Nithin H., S/o. Maharudrappa H., the police have registered a case at P.S.Crime No.64/2019 for the offences punishable under sections 408 , 429 , 34 of IPC. The allegations are that the accused/petitioner No.1 was working as a salesman in the complainant's firm and he had collected Rs.20,73,498/- from the outlets where the firm had supplied the goods. The petitioner No.1 was entrusted with the responsibility of collecting the outstanding dues. Thus the said petitioner No.1 by taking undue advantage, faith and trust reposed in him collected the outstanding dues, but failed to remit the same to the bank account of the firm, thereby he has misappropriated the funds in collusion with petitioner No.2. Thereafter the petitioner No.1 has executed a promissory note and has issued a cheque for payment of the said amount. Despite execution of the said documents, he has not fulfilled his obligation and thereby he has committed the acts of cheating and breach of trust. On registering the case, the police officials are making attempts to arrest the petitioners.

(3.) Heard the learned counsel for the petitioners and the learned HCGP for the respondent State. Perused the prosecution papers available at this stage.