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2020 Supreme(Kar) 1497
IN THE HIGH COURT OF KARNATAKA AT BENGALURU (DHARWAD BENCH)
Shivashankar Amarannavar, J.
K. Nagabhushana - Appellant
Versus
State Of Karnataka - Respondent
Criminal Petition No. 100946 of 2020, 101086 of 2020
Decided On : 30-09-2020
Suresh P Hudedagaddi, Advocate, Seema Shiva Naik, Advocate, K.L. Patil, Advocate
The main legal point established is that while considering anticipatory bail, the court must balance the need for a fair investigation with the prevention of harassment and unjustified detention of the accused.
Headnote:
Anticipatory Bail - Misappropriation of Government Laptops - The Code of Criminal Procedure, 1973 - Sections 403, 406, 408, 409 - The Indian Penal Code - Sections 41(1)(d), 102, 380, 409
Fact of the Case:
Accused No.1 and Accused No.3 sought anticipatory bail in connection with a case registered for misappropriation of laptops provided by the Government under SCP and TSP scheme for SC/ST ITI students. The accused were alleged to have colluded and misappropriated the laptops for personal gain.
Finding of the Court:
The court found that the accused's involvement in misappropriation is a matter of investigation and trial. The accused were granted anticipatory bail with stringent conditions to cooperate with the investigation and not to influence witnesses or obstruct the police investigation.
Issues: The main issue was whether the accused should be granted anticipatory bail considering the allegations of misappropriation and the potential threat to prosecution witnesses.
Ratio Decidendi: The court considered the nature and gravity of the accusation, the accused's antecedents, the possibility of fleeing from justice, and the impact of granting anticipatory bail. It balanced the need for a fair investigation with the prevention of harassment and unjustified detention of the accused.
Final Decision: The court allowed the criminal petitions and granted anticipatory bail to the accused with stringent conditions to ensure cooperation with the investigation and prevent interference with witnesses or evidence.
JUDGMENT
Shivashankar Amarannavar, J. - Criminal Petition No.101086/2020 has been filed by accused No.1 and Criminal Petition No.100946/2020 has been filed by accused No.3 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C. , for brevity) seeking anticipatory bail in Crime No.100/2020 of Hagaribommanahalli Police Station, registered for the offences punishable under Sections 403, 406, 408 and 409 of The Indian Penal Code (hereinafter referred to as the IPC , for brevity).
2. It is the case of the prosecution that the Joint director (Training) and Ex-Officio Joint Apprenticeship Adviser, Department of Industrial Training and Employment, Divisional Officer, Kalaburgi, lodged a complaint alleging that under the SCP and TSP scheme, the Government had taken to provide Laptops to the SC/ST ITI students at free of cost. It is alleged that accused No.1 who is the principal of Sri. Guru Kottureshwara Private ITI College, Hagaribommanahalli and accused No.4-Sharukh, who is the Administrator of Sri. Guru Kottureshwara Private ITI College, Hagaribommanahalli, sold the Laptops at Brundavana Hotel, Station Road, Dharwad and they were caught red-handed by the Vidyagiri Police, Dharwad and a case came to be registered in Crime No.154/2019 for the offence punishable under Sections 41(1)(d) and 102 of Cr.P.C. read with Section 380 of IPC. The Commissioner, Department of Industrial Training and Employment, Ballari, had directed the complainant to conduct an inquiry into the matter and submit a report. Accordingly, he carried out the said enquiry and submitted a report stating that t accused No.1 being the Principal and accused No.2, being the Administrator and accused No.3 being the Nodal Officer of Sri guru Kottureshwara Private ITI college Hagaribommanahalli, colluded with each other and misappropriated the Laptops supplied by the Government under SCP and TSP scheme for the benefit of SC/ST ITI Students for the Academic year 2016-17 and they have not followed the directions to distribute the laptops. Based on the said complaint, the Hagaribommanahalli P.S. authorities have registered a case in Crime No.100/2020 for the offence punishable under Sections 403, 406, 408 and 409 read with Section 34 of IPC. The petitioners in both the petitions have been arrayed as accused Nos.1 and 3 in the FIR and apprehend their arrest. Accused N0.1 has filed a petition seeking anticipatory in Crl.Misc.No.5215/2020 and the same came to be dismissed by order dated 18.08.2020. Accused No.3 has filed Crl.Misc.No.5179/2020 seeking anticipatory bail and the same came to be rejected by order dated 29.07.2020 by the learned III Additional District and Sessions Judge, Ballari sitting at Hosapete. Therefore, accused Nos.1 and 3 are before this Court seeking bail.
3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It is the contention of the learned counsel for the petitioner/accused No.1 that already a case has been registered against accused No.1 in Crime No.154/2019 by Vidyagiri Police, Dharwad, for the offence punishable under Sections 41(1)(d) and 102 of Cr.P.C. read with Section 380 of IPC. It is his further submission that accused No.1 in the said crime has been granted bail. It is his further submission that the offence has taken place in the year 2016 and the present complaint has been filed on 17.06.2020 and there is a delay in filing the complaint and there is no explanation for the delay. It is his further submission that, there are no allegations from the students against accused No.1. It is his further submission that even the complaint which is registered in Crime No.154/2019 also there is delay in filing the complaint. It is his further submission that the offence alleged against the petitioner/accused No.1 is not punishable with death or imprisonment for life except Section 409 of IPC. With this he prayed for allowing the petition
