GADAMSHETTY VENKATA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of the Criminal Procedure Code (for short ' Cr.P.C .') for granting regular bail in Crime No.135/2020 registered by the Mahadevapura Police Station for the offences punishable under Sections 120 , 403 , 406 , 408 , 420 , 465 , 468 , 471 , 506 read with 34 of Indian Penal Code , (for short ' IPC ') pending on the file of the IV Additional Chief Metropolitan Magistrate Court, Bangalore.

(2.) It is alleged in the complaint dated 12.05.2020 filed by the complainant-Vishwas Mudagal, the Director of Goodworklabs Services Private Limited that the petitioner- accused No.1 was employed as the Manager, Finance and Operations in his Company. The petitioner had created fake Chartered Accountant Certificate and he was not at all qualified as a Chartered Accountant, but secured the job. That apart, during his service from 2016 he has forged the signature of a Director of the Company and based on a false pay-slip, he has procured loans from the Bank. On an enquiry with the petitioner, it was found that he has misappropriated an amount of Rs.1,03,00,000/- and on 06.05.2020, he has issued cheques to the Company to repay the amount, which was misappropriated by him. Thereafter, on 12.05.2020, the petitioner came to the office of the complainant and demanded for return of the cheques and also threatened the complainant that he will destroy the Company and his reputation. He has also threatened and intimidated the Directors of the Company and also he has transferred some amount to the account of accused No.2, who is his wife and she has withdrawn the same. On the basis of the complaint, the Police arrested this petitioner and he was remanded to judicial custody. He approached the LXIX Additional City Civil and Sessions Judge, Bangalore, in Crl.Misc.No.3433/2020 for bail, which came to be rejected on 26.06.2020. Hence, the petitioner is before this Court.

(3.) Sri Shyam Sunder, learned counsel for the petitioner has contended that the petitioner No.1 is innocent of the alleged offences and he has been falsely implicated. Absolutely there is no recovery of any money from the petitioner. The co-accused has already been granted regular bail by the Trial Court. The petitioner is in custody from 13.05.2020. The Police have already completed the investigation and filed the charge sheet. Therefore, the presence of the petitioner is no more required by the Police. Hence, prayed for granting of bail.