R M Chandru vs. State (By Jayanagar Police Station)

Facts

The petitioner, R.M. Chandru, is seeking anticipatory bail in Crime No. 46/2021 registered at Jayanagar Police Station. The case stems from a complaint lodged by the Assistant Commissioner of Commercial Taxes, LGSTO-90, Bengaluru. The complaint alleged that a refund of Rs. 1,24,86,548/- was processed for M/s. Beladhingalu Creations using the complainant's username and password without his knowledge, involving alterations in the GST account. The petitioner is named as accused No. 6 in the charge sheet, which was filed for offences under Sections 406, 409, 419, 420, 463, 464, 465, 468, 471 read with Section 34 of the Indian Penal Code. The FIR initially suspected the petitioner, a Food Delivery Assistant (FDA), and a Data Entry Operator of misusing credentials. The proprietor of M/s. Beladhingalu Creations also complained about unauthorized amendments to registration details, including the uploading of accused No. 1's photograph instead of the dealer's.

Held

The Court allowed the petition for anticipatory bail. The Court noted that the alleged offences occurred between January 1, 2020, and March 10, 2021, and the petitioner was named in the FIR based on suspicion of his role. The charge sheet has been filed, but further investigation is kept open under Section 173(8) of the Cr.P.C. The Court considered the submission that other accused (Nos. 2 to 5) have been enlarged on bail by the Sessions Court. The petitioner's undertaking to cooperate with the investigation and abide by conditions was also taken into account. The Court reasoned that the petitioner's involvement in the alleged offence is a matter to be established during the trial. Therefore, considering the facts and circumstances, the relief sought by the petitioner could be granted by directing him to appear before the Investigating Officer and cooperate with the further investigation. The petitioner was directed to execute a personal bond of Rs. 1,00,000/- with a surety, cooperate with the investigation, not tamper with evidence or witnesses, furnish proof of address, and appear before the trial court on all hearing dates.

Key Issues

1. Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in connection with Crime No. 46/2021 for alleged offences under Sections 406, 409, 419, 420, 463, 464, 465, 468, 471 read with Section 34 of the IPC. Petitioner's Arguments: The petitioner's counsel argued that accused Nos. 2 to 5 in the charge sheet have already been granted bail by the Sessions Court. The petitioner has undertaken to cooperate with the further investigation and abide by any conditions imposed. The ultimate involvement of the petitioner in the alleged offence needs to be established by the prosecution during the trial. Revenue/State's Arguments: The learned HCGP contended that accused No. 1 and the petitioner, with fraudulent intent, obtained Aadhaar and PAN card copies via email, misused their positions, manipulated the profile of the proprietor of M/s. Beladhingalu Creations, forged documents, and, with the help of other accused, transferred a substantial amount of Rs. 1,24,86,548/-. The HCGP also submitted that the petitioner has been absconding and may tamper with evidence if granted relief, thereby hampering the prosecution's case.