IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3rd DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5529/2017 BETWEEN 1. K. REVANNA S/O. KALLAGUDIYAPPA, AGED ABOUT 55 YEARS, AGRICULTURIST & EX.PRESIDENT OF TALIKATTE GRAMA PANCHAYATH R/O. TALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLLAKERE TQ, CHITRADURGA DISTRICT-579539.
2. G.N.CHIKKANNA S/O. NAGAPA, AGED ABOUT 35 YEARS, AGRICULTURIST & EX. PRESIDENT OF TALIKATTE GRAMA PANCHAYATH, R/O. TALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLLAKERE TQ, CHITRADURGA DISTRICT-577539. (BY SRI.JAGAN MOHAN M.T., ADV.,) AND STATE BY HOLALKERE POLICE, HOLALKERE, CHITRADURGA DISTRICT-577539, REP. BY PUBLIC PROSECUTOR, ... PETITIONERS HIGH COURT BUILDING, BANGALORE-560001.
(BY SRI.S.VISHWAMURTHY, HCGP.,) ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.177/2017 OF HOLALKERE POLICE STATION, CHITRADURGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 409 AND 420 R/W 149 OF IPC AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners apprehend arrest by the respondent-police in their Crime No.177/2017 registered in respect of the offences punishable under Sections 409, 420 r/w 149 of IPC. The petitioners are arrayed as accused Nos.1 and 2 at Column No.6 in the FIR.
3. The allegation is, as per the Audit report for the period 2014-15 to 2016-17, the President and Vice- President of village panchayath have committed irregularities and there is objection with regard to the utilization of `4,09,93,963.00 and with regard to recovery of `66,725/-.
4. Similarly placed accused No.5 is granted anticipatory bail by order of this Court in Crl.P. No.5529/2017 disposed of on 22.08.2017.
5. In the light of the above, the petition is allowed. Petitioners are granted anticipatory bail in Crime No.177/2017 registered by the respondent-police, subject to the following conditions:
(i) They shall appear before the Investigating Officer forthwith. In that event, the Investigating Officer is at liberty to interrogate them.
(ii) In the event of their arrest, they shall be released on bail by executing a self bond for a sum of `50,000/- (Rupees fifty thousand only) each with one surety for the like sum to the satisfaction of the concerned Court.
Sd/- JUDGE BS