IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1445/2019 BETWEEN:
Chengappa C.K., S/o C.M.Kariappa, Aged 32 years, R/at Kokeri Village, Cheyyandane Post, Madikeri Taluk, Kodagu District – 571 212.
(By Sri.Manmohan P.N., Advocate) AND:
The State, Represented by the Station House Officer, Napoklu Police Station, Napoklu, Madikeri Taluk, Kodagu – 571 212.
Represented by S.P.P., High Court of Karnataka, Bangalore – 560 001.
(By Sri. M.Divakar Maddur, HCGP) ...Petitioner …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.10/2019 of Napoklu P.S., Kodagu District for the offence P/U/S 420, 408, 409 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.10/2019 of Napoklu Police Station for the offences punishable under Sections 420, 408 and 409 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the President of the society has filed a complaint alleging that as per the Audit Report of the society during the year 2016-17 and 2017-18, a total sum of Rs.1,26,38,435.60 has been misappropriated by the petitioner/accused No.3 and other accused persons. It is alleged that the petitioner/accused No.3 was working as clerk and he was looking after the stocks and has also sold the said stocks for lesser price without there being any basis. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for petitioner that the petitioner/accused No.3 is working as a clerk and he is nothing to do with the same and also about the approval is concerned. It is accused No.1, who was working as Chief Executive Officer of the said society, has to approve the same and thereafter, the petitioner/accused No.3 is going to sell the stocks. It is further submitted that already accused No.1 has been released on bail by the learned District Judge. On the ground of parity, the petitioner/accused No.3 is also entitled to be released on bail. Further it is submitted that only on the basis of Audit Report, a false complaint has been registered to over come the difficulties of the President of the said society. The alleged offences are not punishable with death or imprisonment for life. The trial may take some more time and the petitioner is not required for the purpose of custodial interrogation. The petitioner is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.3 on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner being a clerk of the said society, has sold the stock for a lesser price and thereby, he has misappropriated the said amount along with other accused persons. It is further submitted that the petitioner is involved in misappropriation of the huge amount to the tune of Rs.1,26,38,435.60/-. When the petitioner/accused No.3 is involved in an economic offence, he is not entitled to be released on anticipatory bail. 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 both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials, it discloses that only on the basis of Audit Report, the said complaint has been registered. The petitioner was working as a clerk and has sold the stocks for a lesser price and thereby, he has misappropriated the above said amount. But actually, if the stocks have been sold for a lesser price than the purchase, under such circumstance, it will not be amounting to a misappropriation, but it will be considered to be a loss to the society. Even the alleged offences are not punishable with death or imprisonment for life. As could be seen from the records the accused, who is working as Chief Executive Officer, has been shown as accused No.1, has already been released on bail by the learned District Judge. Even on the ground of parity, the petitioner/accused No.3 is also entitled to be released on bail.
8. In that light, petition is allowed and the petitioner/accused No.3 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.10/2019 of Napoklu Police Station for the offences punishable under Sections 420, 408 and 409 of IPC subject to the following conditions:
1. Petitioner/accused No.3 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.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
In view of disposal of the main petition, I.A. No.1/2019 does not survive for consideration. Accordingly, I.A. No.1/2019 disposed of.
Sd/- JUDGE VBS