Anticipatory bail denied due to the serious nature of charges under IPC Sections 409 and 420, and the risk of affecting ongoing investigation.

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI)

This petition for anticipatory bail is filed on basis of apprehension of imminent arrest for non-bailable offences alleged against petitioner in Crime no.159/2024 by Kushtagi Police Station for offences punishable under Sections 409 and 420 of Indian Penal Code, 1860 (‘IPC’ for short).

2. Sri B. C. Jnanayya Swami, learned counsel for petitioner submitted, petitioner was innocent and falsely implicated. It was submitted, petitioner was appointed as Village Administrative Officer who was placed in-charge of Bhoomi Kendra, on 10.12.2019 he was entrusted with work of issuance of Record of Rights. Since his pan card and aadhaar card were not seeded with login ID of Bhoomi software, he was instructed to use login IDs of other staff namely Sharanappa Huded, Prathibha Ganji, Hajarathabi Nadaf, etc.

3. It was submitted in month of February 2024, when Regional Commissioner, Kalaburagi inspected Bhoomi Kendra, Kushtagi, petitioner was absent from duty. It was found that from 2019 to 2024, an amount of Rs.63,68,739/- was collected from public by distribution of Record of Rights but only Rs.18,71,304/- credited. When petitioner was asked about said amount, he admitted to have diverted amount for his personal use. Though he credited Rs.12,68,135/-, there was short fall of Rs.32,81,388/-. Alleging that petitioner had siphoned of said amount, complaint was lodged.

4. At outset it was submitted, complaint filed on 08.09.2024 was in respect of incident that had occurred in year 2019 after inordinate delay of five years. It was further submitted petitioner was appointed as Village Administrative Officer and as per direction of Tahasildar placed to work in Bhoomi Kendra. Said work was alternative work and therefore petitioner cannot be held responsible for short fall / misappropriation. It was submitted petitioner was having wife and school going children apart from old aged parents who were suffering from ill-health and all of them were dependent on petitioner. Besides, petitioner was non-gazetted government employee and likelihood of fleeing from justice or tinkering with investigation were non-existent. On said ground sought for grant of anticipatory bail.

5. On other hand, Smt.Girija S. Hiremath learned High Court Government Pleader for respondent – State opposed petition. It was submitted, assigning petitioner to work in Bhoomi Kendra by Tahasildar, Kushtagi, from 10.12.2019 for issuance of Record of Rights by petitioner is not in dispute. Though petitioner is seeking to dispute total amount, same was with reference to number of Record of Rights issued. Besides fact that, petitioner had misappropriated portion of it and used it for his personal needs is also admitted. Thus, prosecution case would stand vindicated as petitioner deposited sum of Rs.12,68,135/- into P.D Account of Deputy Commissioner after instruction by Regional Commissioner. Thus, offences under Sections 409 and 420 of IPC would stand substantiated.

6. It was submitted, offence under Section 409 was punishable with imprisonment for life while under Section 420 of IPC, maximum sentence was 7 years. Therefore offences alleged against petitioner were grave and serious. It was submitted, fact that petitioner was absconding would indicate that there was no cooperation for investigation which was still in progress, sought rejection of petition.

7. Heard learned counsel.

8. From above, only point that would arise for consideration is:

Whether petitioner is entitled for anticipatory bail on conditions?

9. As noted above, petitioner’s prayer for anticipatory bail is founded on his apprehension of imminent arrest due to registration of Crime no.159/2024 (supra) for offences under Sections 409 and 420 of IPC which are non-bailable in nature and wherein petitioner is sole accused.

10. In view of fact that offence under Section 409 is punishable with imprisonment for life while under Section 420 of IPC is punishable with imprisonment