IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9083/2018 BETWEEN:
M.Udaya, S/o. Muniyandi, Aged about 28 years, Occ: Agriculturist and Business, R/o Cherala Srimangala Village, Somwarpet Taluk, Kodagu District-571 236. ...Petitioner (By Sri. R.B.Deshpande, Adv.,) AND:
The State of Karnataka by Madikeri Rural Police Station, Kodagu District-571 201.
(Represented by State Public Prosecutor, High Court Buildings, Bengaluru-560 001.) ... Respondent (By Sri. K.P. Yoganna, 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.300/2018 of Madikeri Rural Police Station, Kodagu District for the offence p/u/ss 406 and 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.300/2018 of Madikeri Rural Police Station for the offences punishable under Sections 406 and 420 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that a sub-station of Indian Institute of Horticultural Research, Hessaraghatta, Bengaluru is functioning under ICAR, Ministry of Agriculture and Co. operation, GOI, New Delhi. Apart from research, they grow crops like Sapota, Guava, Pepper and other fruit crops. In order to dispose the said crops, Tender-cum-Auction sale is published through advertisement dated 07.07.2018 with terms and conditions. In response to the said publication, the accused petitioner purchased the tender documents by paying prescribed fee and participated in the tender on 13.08.2018. As the petitioner offered the highest bid amount of Rs.13,06,000/-, paid EMD of Rs.50,000/- along with Security Deposit of Rs.25,000/- and 25% of the bid amount i.e., Rs.3,26,500/- and the tender was allotted to him. Thereafter, the petitioner has taken the crops but has not paid the remaining amount of Rs.9,29,500/-. In spite of repeated request made by the Head and Chairman FMC of the Station to deposit the amount in full, the petitioner has failed to deposit the said amount. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioner that if the amount is not paid as per the Arbitration Clause, the matter has to go before the Arbitrator but not before this Court by filing a criminal petition. It is further submitted that it is a civil dispute and the accused petitioner has also replied to the notice issued by the complainant and further submitted that the accused petitioner is ready to settle the matter as he is undergoing business loss due to natural calamities, he has not paid the remaining amount as he has not received any profit as expected. Further it is submitted that the alleged offences are not punishable with death or imprisonment for life and he is ready to co-operate with the Investigation, abide by any conditions that may be imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that as per the tender, the accused petitioner has taken the highest Auction and has taken 11 loads of Guava fruit. Deliberately, he did not pay the amount of Rs.9,25,500/- as he has misused and misappropriated the said amount being a Government servant. Further it is submitted that if the accused petitioner is released on bail, he may abscond and may not be available for Investigation or Interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. The record indicates that these are all a civil nature and as per the Arbitration Clause, in case of dispute, the matter has to be decided by the Arbitrator whether there is a misappropriation or not? is a matter which has to be considered and appreciated only at the time of trial but not at this pre-mature stage. The alleged offences are not punishable with death or imprisonment for life and the accused petitioner is ready to co-operate with the investigation and ready to offer the surety. Under such circumstance, I feel that by imposing some stringent conditions, if the accused petitioner is ordered to be released on bail, it is going to meet the ends of justice.
8. In that light petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.300/2018 of Madikeri Rural Police Station for the offences punishable under Sections 406 and 420 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the chargesheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE VBS