BALASUBRAMANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by 8the petitioner/accused Nos.1 and 2 under Sec. 439 of Cr.P.C. seeking for granting regular bail in Crime No.147/202 registered by Ashok Nagar Police Station for the offences punishable under Ss. 418, 406, 420, 120 of IPC pending on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) Heard the arguments of learned Senior Counsel for the petitioners and learned High Court Government Pleader for the respondent-State and counsel who assisted the prosecution.

(3.) The case of the prosecution is that on the complaint of one Diana Mathew the Director of Smart Owner Services India Pvt. Ltd., filed the first information to the respondent police on 26/5/2022 alleging that the petitioner No.1/accused No.1 said to be working as a Business Head Sales and petitioner No.2/accused No.2 is working as Regional Manager of Sales of his Company as full time employees. They are responsible for selling apartments, villas and investment opportunities to prospective buyers through direct sales as well as through companies channel partners (brokers). It is alleged that while discharging their duties, they made unlawful gain and wrongfully caused loss to the Company by the accused No.1 in collusion with the accused no.2 and created fake channel partners account in the name of accused No.3 to 5 family members of accused No.1 and they said to have misappropriated fund of Rs.41,40,370.00 where they stated they said to be paid as brokerage to the channel partners but in fact they opened a fake Company in the name of his family members and even though there was direct sales but they created the documents and obtained 2% brokerage in the name of the company created in the names of accused Nos.3 to 5 and also the accused No.1 was trying to sell two plots bearing No.707 and 708 in the name of his own wife through one Ramya Pradeep. Thereby he has caused loss of Rs.80.00 lakhs. Hence, prayed for taking action.