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H. P. SANDESH
Khalid – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
H.P. Sandesh, J. - This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.242/2021 of K.R.Puram Police Station, Bengaluru, for the offences punishable under Sections 406, 420, 427 and 379 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.
3. The factual matrix of the case is that this petitioner as well as Amir Khan both indulged in drawing money using screw driver and other devices drawn an amount of Rs.42,500/- from ATM and petitioner was apprehended on 20.08.2021.
4. Learned counsel for the petitioner submits that the investigation is already completed and charge sheet is filed and no other criminal antecedents against this petitioner and considering the gravity of offence, he may be enlarged on bail.
5. Per contra, learned HCGP for State submits that an amount Rs.42,500/- has been recovered at the instance of this petitioner and said amount was stolen from the ATM and when the recovery is made at the instance of this petitioner it is not a fit case for granting bail.
6. Having heard the learned counsel for petitioner and learned HCG
The completion of investigation, charge sheet filing, lack of criminal antecedents, and the time spent in custody are crucial factors in granting bail.
The court considered the extent of the petitioner's involvement and the completed investigation as key factors in granting bail for the offence of misappropriation of funds.
The court considered the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant in granting bail.
The decision to grant bail was influenced by the lack of criminal antecedents, no further recovery to be made, and the completion of the investigation.
The court held that lack of evidence for continued detention justified bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Judicial custody duration and investigation status warrant bail under specified conditions.
The main legal point established in the judgment is that the absence of criminal antecedents, completion of investigation, and the enlargement of other accused on bail can be considered as grounds to....
The court emphasized bail's conditionality regarding cooperation with ongoing investigations, considering prior custody duration.
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