IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.8051/2019 BETWEEN:
Smt.Kalavathi, W/o Veeraiah Swamy, Aged about 49 years, R/at No.11/12, Chennabasava Nagar, Bidar Taluk, Bidar District – 585401. ... Petitioner (By Sri.Narasimhan.C.D, Advocate) AND:
The State of Karnataka, Vidhana Soudha P.S. Bengaluru, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560001. ... Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of her arrest in Crime No.20/2018 of Vidhana Soudha Police Station, Bengaluru for the offences punishable under Sections 381, 465, 468, 471, 420, 120B read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of her arrest pursuant to proceedings in Crime No.20/2018 for the offences punishable under Sections 120B, 381, 420, 468, 465 and 471 read with Section 34 of IPC.
2. It is noticed that earlier this Court by order dated 15.07.2019 has disposed of Crl.P.No.1970/2019 while recording that the Karnataka Grameena Mahila Vikasa Sangha is a beneficiary and the amount that has been misappropriated and has been transferred to the Karnataka Grameena Vikasa Sangha. The petitioner is the president of the bank and clearly a beneficiary of the amount that has been misappropriated and with respect to which investigation is in progress.
3. Learned High Court Government Pleader submits that there is no progress in investigation and has already observed in the order dated 15.07.2019, custodial interrogation is required looking into the nature of offence that is committed.
4. This Court by considered decision, after considering the contention, has rejected the petition filed under Section 438 of Cr.P.C. Since July 2019, petitioner has evaded interrogation. Present petition makes out an additional ground that there are medical reasons which need to be taken note of while enlarging the petitioner on anticipatory bail. The prescription and medical advisory that has been produced at Page 44 would indicate that the petitioner had been earlier operated for about 10 years back. No such ground is made out and brought to the notice of this Court that at an earlier point of time the petitioner had been suffering from the ailment from past 10 years.
5. Looking in to the nature of offence that has been investigated in to, I find no legally acceptable ground made out since the rejection of the petition in the month of July, 2019 to entertain fresh petition. The medical reason that is now sought to be made out does not have sufficient material indicating any serious condition as regards the petitioner’s health.
6. Learned High Court Government Pleader also submits that question of medical treatment would be considered by the concerned authorities if the petitioner surrenders herself. The prosecution also does not make out any pressing medical emergency nor any grave threat to the life of the petitioner. It is also noticed that the petitioner is evading process of law.
Accordingly, the petition is rejected.
Sd/- JUDGE NS