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K. NATARAJAN
Balasubramani – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This petition is filed by 8the petitioner/accused Nos.1 and 2 under Section 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 Sections 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 26.05.2022 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 l
The main legal point established in the judgment is the requirement for further investigation by the police to recover misappropriated amounts and the lack of entitlement to bail at this stage.
The main legal point established in the judgment is that specific allegations and the need for effective investigation can influence the court's decision in bail petitions.
Petitioner’s role in alleged offence, fact that till date no amount has been recovered from petitioner and in case petitioner, at this stage, is enlarged on bail, he may tamper with prosecution evide....
Charge sheet has already been filed, so no purpose would be served by keeping the petitioner in J.C. for long and the maximum punishment provided for the offence for which the petitioner has been cha....
The presumption of innocence is fundamental, and bail should not be denied as punishment when a case for bail is made.
The court emphasized that bail should be granted when the charge sheet is filed and continued detention serves no purpose, unless serious risks of absconding are present.
The main legal point established in the judgment is that active involvement in the offense of fraud and cheating, association with multiple similar cases, and the absence of special circumstances do ....
The main legal point established in the judgment is the consideration of a prima facie case, the stay on further proceedings, and the potential detention without due process of law in granting antici....
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