GANGADHARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner accused under Sec. 438 of Cr.P.C. for granting anticipatory bail in Crime No.92/2022 registered by Vijayanagar police and charge sheeted for the offences punishable under Ss. 406 and 420 of IPC.

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State, learned counsel for the defacto complainant, who assisted the HCGP and filed the written submissions.

(3.) The case of prosecution is that on the first information statement filed by the defacto complainant to the police on 3/8/2022, the police registered FIR against the petitioner for the above said offences. It is alleged by the complainant that the petitioner being the former director of the Eagal Sight Media Private Limited, has resigned from the said post in the year 2014 as he himself contended before the various courts that he was not the director of the said company from the year 2014. It is further alleged that by misusing the name of the company and his position, the petitioner has opened an account in ICICI Bank on 4/1/2018 and he has transacted the crores of rupees and misused the said amount. When the same was came to the knowledge of the complainant on the issuance of notice by the Directorate of Enforcement (ED), it was revealed that the petitioner was misusing and misappropriating the company funds. After receipt of the complaint, registered the case and the police are trying to arrest the petitioner. The petitioner approached the Sessions Judge for granting anticipatory bail, which came to be rejected and hence, he approached this Court by filing criminal petition No.4762/2023 and it was withdrawn on 5/7/2023. Once again, the petitioner is before this Court in the successive petition seeking the anticipatory bail.