M.RAGHAVENDRA Vs. STATE

JUDGEMENT

(1.) Petitioner is accused No.4 in Crime No.151/2014 registered by Harihara Town Police Station for the offences punishable under Sections 380 and 457 of IPC. He has filed this petition invoking Section 438 of Cr.P.C. seeking anticipatory bail.

(2.) The case of the Prosecution is that one G.Nagaraja, Manager of Sri Rama Finance lodged a complaint before the jurisdictional Police alleging that on 20.8.2014 at 8.30 p.m., they had locked the office and returned home. On the next day morning, at about 8.00 a.m., when the complainant came to the office, he noticed that the door of the office was opened and while he entered the office, he saw that strong room was opened using a duplicate key and cash of about Rs.17,76,176/ - and valuables were stolen. On the basis of the said complaint, Police registered a case in Crime No.151/2014.

(3.) After investigation, the Police found that four persons are involved in the theft. They arrested three persons and recovered a sum of Rs.10,76,176/ -. However, the accused No.4, who is the petitioner herein is absconding. The three accused persons approached the jurisdictional Court and are released on bail. The petitioner filed Crl.Misc.No.47/2016 invoking Section 438 of Cr.P.C. seeking anticipatory bail. The learned Principal District and Sessions Judge, Davangere, dismissed the said application on the ground that since the petitioner has been absconding all these days, the remaining amount could not be recovered from him and that therefore, he is not entitled for bail.