IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.519/2019 BETWEEN:
Smt.Afzal Banu W/o Syed Samiulla, Aged about 60 years, R/at No.56, 7th A Cross, Kanakanagara, Bengaluru-560032 (By Sri M.R.Nanjundagowda, Advocate) AND:
The State of Karnataka By Anti Corruption Bureau, Represented by Special Public Prosecutor High Court Buildings, ...Petitioner Bengaluru-560001. ... Respondent (By Sri B.N.Jagadeesha, Spl. P.P) This Criminal Petition is filed under Section 438 of Cr.P.C praying to that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of her arrest in Cr.No.19/2018 registered by Anti Corruption Bureau, Kolar for the offence P/U/S 13(1)(C) r/w Section 13(2) of prevention of corruption Act and Section 120(B), 409, 420, 468 and 471 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.3 under Section 438 of Cr.P.C., seeking anticipatory bail, in Crime No.19/2018 of Anti Corruption Bureau Kolar for the offences punishable under Section 13(1)(C) r/w Section 13(2) of Prevention of Corruption Act, 1988 and also under Sections 120(B), 409, 420, 468 and 471 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the petitioner/accused Nos.1 to 3 while working as Development Officers of Welfare of Backward Classes, Kolar Taluk, connived with others had misappropriated amount while purchasing essential commodities and articles that are required for the hostels of backward classes in Kolar Taluk. It is further alleged that they have also not followed the provisions of Karnataka Transparency in Public Procurements Act, 1999 (herein after referred as PC Act) for calling the tender to purchase the said materials and thereby they have caused loss to the Government and misappropriated the funds. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused No.3 that the name of accused No.3/petitioner is not found in the compliant and no such overt act has been stated as against accused No.3/petitioner. Only because her name is mentioned in the complaint in a very fake manner, she apprehends her arrest and she has approached this Court. She further submitted that she has already been retired from the service and at the time of retiring from the service, no allegations have been made. The allegations which now have been made are fabricated under the provision of PC Act and false case has been foisted against her. He further submitted that already accused Nos.1 and 2 have been released on bail by District Court. On the ground of parity, the petitioner/accused No.3 is also entitled for bail. On these grounds, he prayed to allow this petition and release her on bail.
5. Per contra, the learned Special Public Prosecutor vehemently argued and submitted that the accused No.3/petitioner in collusion with accused Nos.1 and 2 have misappropriated the amount and they have not followed the procedure established by law. He further submitted that if she is released she may abscond and may not be available for investigation or interrogation. 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 perusing the contents of the complaint and the other materials, it is clear that some allegations have been made against accused including accused No.3/petitioner, they have misappropriated the amount while purchasing the essential commodities and articles and they have not followed the procedure as contemplated under PC Act. The matter is said to have been considered and appreciated by the trial Court and the alleged offences are not punishable either with death or imprisonment for life. Accused Nos.1 and 2 have already been released on bail by the District Court, on the ground of parity, the accused No.3/petitioner is also entitled to be enlarged on anticipatory bail. The petitioner should cooperate with investigation and should be available to dispose of petition. The bail can be effected by imposing some stringent conditions. Taking into consideration the above said facts and circumstances, the above petition is allowed.
8. Petitioner/accused No.3 is ordered to be release on anticipatory bail in the event of her arrest in Crime No.19/2018 of Anti Corruption Bureau Kolar for the offence punishable under Sections 13(1)(C) r/w Section 13(2) of Prevention of Corruption Act, 1988 and under Sections 120(B), 409, 420, 468 and 471 of IPC subject to the following conditions:
1. Petitioner/accused 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 trial Court.
2. She shall surrender before the investigation Officer within 15 days from today.
3. She shall not tamper with the prosecution evidence directly or indirectly.
4. She shall not leave the jurisdiction of the Court without prior permission.
5. She shall be for the available for the purpose of investigation or interrogation.
SD/- JUDGE rv