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2020 Supreme(Kar) 1699
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.A. Patil, J.
Nagaraj B K - Appellant
Versus
State Of Karnataka - Respondent
Criminal Petition No. 5787 of 2020
Decided On : 06-11-2020
Punith C, Advocate, Siddamallappa P M, Advocate, R.D. Renukaradhya, Advocate
The court considered the non-punishable nature of the alleged offences, the previous release of accused No.1 on anticipatory bail, and the non-necessity of detention for custodial interrogation in allowing the petitioner-accused No.5 to be released on bail.
Headnote:
Bail - Misappropriation of Funds - The court allowed the petitioner-accused No.5 to be released on bail in the event of his arrest for the offences punishable under Sections 406, 408, 409 and 420 of Indian Penal Code, subject to stringent conditions.
Fact of the Case:
The petitioner-accused, a former Chief Executive Officer of Taluka Panchayath and VSSN Society, was accused of misappropriating funds amounting to Rs.1,94,72,311 under the M.G.N.R.E.G. Sponsor Scheme. The complaint was filed 8 to 9 years after the petitioner-accused had been transferred from that place.
Finding of the Court:
The court, considering the previous release of accused No.1 on anticipatory bail and the non-necessity of detention for custodial interrogation, allowed the petitioner-accused No.5 to be released on bail with stringent conditions.
Issues: The main issue was whether the petitioner-accused No.5 should be released on anticipatory bail in light of the allegations of misappropriation of funds.
Ratio Decidendi: The court's decision was influenced by the non-punishable nature of the alleged offences with death or imprisonment for life, the previous release of accused No.1 on anticipatory bail, and the non-necessity of detention for custodial interrogation.
Final Decision: The petition was allowed, and the petitioner-accused No.5 was ordered to be released on bail in the event of his arrest, subject to stringent conditions.
JUDGMENT
B.A.Patil, J. - The present petition has been filed by the petitioneraccused No.5 under Section 438 of Cr.P.C. to release him on bail in the event of his arrest in Crime No.168/2020 of Periyapatna Police Station for the offences punishable under Sections 406, 408, 409 and 420 of Indian Penal Code.
2. I have heard the learned counsel Sri.Punith C. on behalf of Siddamallapa P.M. for the petitioner-accused virtually and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.
3. The gist of the complaint is that petitioner-accused was working as a Chief Executive Officer of Taluka Panchayath and VSSN Society, Komalapura. During the course of Audit, it is noticed that there is a misappropriation in the Komalapura Gram Panchayat to the tune of Rs.1,94,72,311 under the M.G.N.R.E.G. Sponsor Scheme, and on the basis of the complaint, a case has been filed.
4. It is the submission of the learned counsel for the petitioner that already this Court has released accused No.1 on anticipatory bail. On the ground of parity, the petitioner-accused No.5 is also entitled to be released on bail. It is his further submission that the petitioneraccused was working as Chief Executive Officer of Taluka Panchayath and VSSN Society and the complaint has been registered after 8 to 9 years after he has been transferred from that place and during audit some objections have been raised about misappropriation of funds to the tune of Rs.1,94,72,311. It is his further submission that the petitioner-accused is having a deep roots in the Society and the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner-accused No.5 on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that huge amount has been misappropriated by the officials while they were on duty and the matter is still under investigation and if the petitioner-accused is released on anticipatory bail he may tamper with the prosecution evidence. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On perusal of the records, this Court by order dated 3.11.2020 has released the petitioner-accused No.1 on anticipatory bail in Criminal Petition No.5569/2020. On the ground of parity, the petitioner-accused No.5 is also entitled to be released on anticipatory bail.
8. Be that as it may. The alleged offences are not punishable with death or imprisonment for life and the trial may take some more time. The detention of the petitioner-accused is not necessary for the purpose of custodial interrogation. In that light, if by imposing some stringent conditions, if the petitioner-accused No.5 is ordered to be released on anticipatory bail, it is going to meet the ends of justice.
9. In that light, this petition is allowed. The petitioner-accused No.5 is ordered to be released on bail in the event of his arrest in Crime No.168/2020 of Periyapatna Police Station for the offences punishable under Sections 406, 408, 409 and 420 of Indian Penal Code, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii. He shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled.
iii. He shall not tamper with the prosecution witnesses directly or indirectly.
iv. He shall appear before the Investigating Officer as and when required and co-operate for investigation.
v. He shall mark his attendance before the Investigating Officer once in 15 days in between 10.00 a
