NITHIN NARAYANA DAS MANDHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by petitioner -accused under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 406 and 409 of IPC registered in respondent -police station Crime No. 32/2013.

(2.) THE brief facts of the prosecution case as per the averments in the complaint are that the complainant lodged a complaint for non payment of provident fund amount by the petitioner -company, which is to be paid within the stipulated time for the year 2011 -12. Petitioner is the Managing Director of Textile Unit namely, Indus Fila, situate at Industrial area, Thandya, Nanjanagud. Petitioner and others have deducted the amount of employees as provident fund and the amount has not been remitted to the State Bank of India. Hence, the complainant has filed the complaint before the respondent -police against the petitioner, on the basis of which, a case has been registered against the petitioner.

(3.) LEARNED counsel for the petitioner during the course of his arguments submitted that since the petitioner -company is under loss, amount was not paid as per the time schedule. But the petitioner -company is ready to pay the amount with interest. He has also submitted that the respondent -police are making efforts to arrest the petitioner. Hence, by imposing reasonable conditions, petitioner may be admitted to bail.