IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6722 OF 2018 BETWEEN:
Mr. Mahantesh G K S/o Gativalappa Kivadasannadar Aged about 47 years R/at No.32, 15th Cross 16th Main, Sector-4 H.S.R. Layout Bengaluru-560 102. …Petitioner (By Sri. N. Suresha, Advocate) AND:
State by Ijoor Police Station. ...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 Cr.No.89/2018 of Ijoor Police Station of Ramanagara for the offences P/U/S 406 and 420 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Ijoor Police, Ramanagara District, have registered Crime No.89/2018 against the petitioner for offences punishable under Sections 406 and 420 of IPC on the basis of the complaint of one Hemavathi.N., Welfare Officer, Specially Abled Persons and Senior Citizens Empowerment Department, Ramanagar District.
2. It is alleged that though the petitioner’s Trust i.e. Samarthanam Trust for the Disabled was not eligible for Government aid, received Rs.12,04,200/- and misappropriated the same and thereby cheated the Government.
3. The alleged offence has taken place during the period 2014-15 and the complaint is filed in 2018. The major offence alleged against the petitioner carries imprisonment upto seven years. The entire transaction is based on records of the Government itself. Therefore, chances of the petitioner tampering them are remote.
Under these circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
4. Therefore, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.89/2018 of Ijoor Police Station, Ramanagara, subject to following conditions:
i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
iii) He shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial;
iv) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
v) He shall mark his attendance before the Investigating Officer on alternative Sunday of each month in his office till the completion of the investigation.
Sd/- JUDGE *alb/-