IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.1967/2017 BETWEEN:
ILIYAZ KHAN S/O HYDER ALI KHAN, AGE ABOUT 34 YEARS, SECRETARY, WISDOM ISLAMIC STUDIES AND EDUCATIONAL ® BEHIND SAVANUR PLAZA, SHANKAR VIHAR LAYOUT, P.B.ROAD, DAVANAGERE-577 502.
(BY SRI. MOHAMMED TAHIR, ADV.) AND:
STATE BY GANDHINAGAR POLICE, DAVANAGERE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BUILDING BANGALORE-560001.
…PETITIONER ...RESPONDENT (BY SRI. B.J.ESHWARAPPA, 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 CR.NO.5/2017 OF GANDHI NAGAR P.S., DAVANAGERE DISTRICT FOR THE OFFENCES P/U/S 408, 420 OF IPC AND ETC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent.
2. The respondent-police have registered a FIR against the petitioner in their Cr.No.5/2017 in respect of the of the offences punishable under sections 408 and 420 of IPC.
3. The allegation of the prosecution is, the petitioner is a Secretary of Wisdom International School, Davanagere. He collected about Rs.80 lakhs from the parents of the students under the pretext of giving 50% discount in school fees for 10 years, but gave receipt for lesser amount and misappropriated the remaining amount. When enquired, he has refused to return the amount.
4. Learned counsel for the petitioner submits that the amount received towards fees from each student is accounted and documented by the office and the same is utilized by the Administration towards construction of the school building etc., The Trust which runs the school has no complaint against him. The complainant has not taken the benefit of the scheme and hence there is no question of cheating or misappropriating the amount so far the complainant is concerned. In view of the interim order passed by this court, he has appeared before the Investigating Officer for interrogation.
In the light of the above submission, there is no impediment to allow the petition. The petitioner is granted anticipatory bail in Cr.No.5/2017. In the event of his arrest, he shall be released on bail on executing a self bond for Rs.50,000/- with one surety for the likesum. He shall appear before the Investigating Officer as and when called upon during further course of investigation.
Dvr:
Sd/- JUDGE