IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1970/2019 BETWEEN:
Smt. Kalavathi, W/o Veeraiah Swamy, Aged 49 years, R/at No.11/12, Chennabasavanagar, Bidar Taluk, Bidar District-585401.
…Petitioner (By Sri Satyanarayana Chalke.S, Advocate) AND:
The State of Karnataka By Yelahanka Police Station, Bengaluru, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.20/2018 of Vidhana Soudha Police Station, Bengaluru for the offences punishable under Sections 120B, 381, 420, 468, 465, 471 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed the petition seeking to be enlarged on bail in the event of her arrest with respect to the proceedings in Crime No.20/2018 registered for the offences punishable under Sections 120B, 381, 420, 468, 465 and 471 read with Section 34 of IPC.
2. The case of the prosecution is that a complaint was lodged by the Secretary of Karnataka Border Area Development Authority alleging that three cheques had been stolen from the Karnataka Border Area Development Authority by a Group-D employee viz., accused No.1 and signatures were forged and an amount of Rs.17,00,000/- was transferred through RTGS to the account of Karnataka Grameena Mahila Vikasa Sangha, Bidar. It is further stated that FIR has been registered on the basis of the complaint and investigation is in progress.
3. Learned counsel for the petitioner states that the main accusations are against accused No.1 who has been released on regular bail and further stated that she has no role in commission of crime and is ready to subject herself for interrogation, on such terms and conditions as may be necessary.
4. Learned High Court Government Pleader states that the Karnataka Grameena Mahila Vikasa Sangha is the beneficiary and the question as to the involvement of the beneficiary is a matter to be unearthed which can be done only through custodial interrogation.
5. Taking note of the fact that there are serious allegations and it is stated that pursuant to the act of the accused No.1, sum of amount has already been transferred to the beneficiary, the question as to the role of the beneficiary and other persons is a matter that will come out only through custodial interrogation and it would not be appropriate to restrict the right of the Investigating Authority to enable them to unearth all the acts constituting the alleged crime and tracing the persons involved in the alleged crime.
6. Needless to state that learned High Court Government Pleader states that custodial interrogation would be completed within an appropriate time without procrastinating the matter. Accordingly, taking note of the nature of allegations and also noting that the role of beneficiary is a matter to be investigated, the petition is rejected.
Sd/- Judge GJM