IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.2433/2019 BETWEEN :
Girish Kumar S.H. S/o Shivanandappa Aged about 33 years Occ: Technical Assistant Engineer Taluk Panchayath, Harapanahalli, Davanagere District-577 001.
… Petitioner (By Sri Vighneshwar S. Shastri, Advocate) AND :
State of Karnataka by Halavagilu Police Station Harapanahalli Circle, Davanagere District-577 001.
Represented by its State Public Prosecutor High Court of Karnataka, High Court Building, Bengaluru-560 001.
… Respondent (By Smt. Namitha Mahesh B.G., HCGP) 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 Crime No.14/2019 of Halavagilu Police Station, Davanagere District, for the offences punishable under Sections 406, 409 and 420 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.3 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.14/2019 of Halavagilu Police Station for the offences punishable under Sections 406, 409, 420 r/w. Section 34 of IPC, pending on the file of the principal Civil Judge (Sr.Dn.) and CJM Court, Harapanahalli, Davanagere.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that between 21.2.2019 and 22.9.2019, the Deputy Secretary and others inspected the civil work project carried in Kallahalli Grama panchayath under NRIG Scheme and submitted a report stating that accused No.3 along with accused Nos.1 and 2 while working and executing the said project work under MGNAREGA Scheme have done the low quality work. It is further alleged that the petitioner- accused No.3 being the Supervisor and Technical Assistant in respect of the said work without entering the real position and measurement in MB book and colluding with accused Nos.1 and 2 cheated the Government and misappropriated the funds of the Government. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused Nos.1 and 2 have been released on bail by the District and Sessions Judge, Davanagere and therefore on the ground of parity, accused No.3-petitioner is also entitled to be released on bail. He further submitted that accused No.3-petiioner being a Technical Assistant and accused Nos.1 and 2 being the Assistant Engineer and Engineer, used to certify and got executed the said work. Since the petitioner-accused No.3 is working as a Technical Assistant in a Government Department there is no question of he fleeing away from justice. The alleged offences are not punishable with death or imprisonment of life. The petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that accused No.3-petitioner and accused Nos.1 and 2 colluded with each other and the petitioner has not made any entry in MB book and he has not properly supervised the work being a Technical Assistant and even the petitioner has approved the bills in collusion with accused Nos.1 and 2. There is prima facie material as against the petitioner-accused No.3 for having been involved in the alleged crime. If he is enlarged on anticipatory bail, he may abscond and may not be available for trial. On these ground, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. The records would indicate that already accused Nos.1 and 2 have been released on bail by the District and Sessions Judge, Davanagere in Crl.Misc.Nos.239/2019 and 232/2019 under similar facts and circumstances of the case. The only allegation as against the petitioner-accused No.3 is that he being the Technical Assistant has colluded with accused Nos.1 and 2 and he has not made any entries in MB book and cheated the Government that is a matter which has to be considered and appreciated only at the time of trial. When under similar facts and circumstances, accused Nos.1 and 2 have already been released on bail by the District and Sessions Judge, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner-accused No.3 is granted anticipatory bail. In the event of his arrest in Crime No.14/2019 of Halavagilu Police Station for the offences punishable under Sections 406, 409, 420 r/w. Section 34 of IPC, pending on the file of the principal Civil Judge (Sr.Dn.) and CJM Court, Harapanahalli, Davanagere, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
v) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
Sd/- JUDGE *ck/-