iPhone-12 Theft From Godown: Karnataka High Court Grants Bail To E-Commerce Company Employees

Justice Rajendra Badamikar ordered the petitioners be enlarged on bail in the event of their arrest in Crime No.381/2022 of Malur Police Station registered for the offence punishable under Section 381 of IPC, on each of them executing personal bond for a sum of Rs.1,00,000, with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court.

As per the complainant K.K.Chandrakhanth, who is security supervisor of the Flipcart Company, 21 Iphone-12 were stolen from the godown and C.C.T.V footage revealed that petitioners were "involved in sorting out these phones". On the basis of the suspicion, the complaint came to be lodged.

The counsel representing the petitioner argued before court that it is their duty to sort the phones.

Findings:

The bench noted that the complaint was lodged on 04.08.2022 regarding theft of 21 Iphone-12. The alleged offence is said to have taken place on 19.07.2022 and the complaint was lodged on suspicion on the basis of CCTV footage, it added.

"No material evidence is placed on record, at this juncture, to show that the petitioners have committed the theft. Apart from that, the complainant himself is a Security Officer. The godown is fully secured place and while entering the godown, security check will be done and while exiting from the godown, security check will have to be done," said the court

It added: "It is for the complainant – Security Officer to explain how I-phones went out from the godown when he was in-charge as a Security Officer. But, no such explanation is forthcoming and only on the ground that petitioners were found sorting out Iphones boxes, they were fixed."

The court also noted that departmental enquiry stands initiated against the petitioners

"Looking to these facts and circumstances, at this juncture, there are no ingredients of the offences of theft as alleged and even Security Officer is required to explain regarding latches on his part in providing security. The other apprehensions raised by the learned HCGP can be meted-out by imposing certain conditions," said the court.

Thus the court allowed the petition.

Note: The company has been identified in the order itself as Flipcart Company.

Case Title: C.V.RAGHAVENDRA & ANR v. STATE BY MALUR POLICE STATION

Case No: CRIMINAL PETITION NO.8693/2022

Citation: 2022 LiveLaw (Kar) 428

Date of Order: 14TH DAY OF OCTOBER, 2022

Appearance: HARISH PRABHU S, ADVOCATE for petitioners

RASHMI JADHAV, HCGP for respondent

Click Here To Read/Download Order