IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO. 5521 /2017 Between:
Nagaraju G.K., S/o late Kenchappa, Aged about 43 years, Govt. school Teacher, H.P.S., Suguru, R/at Govindapura, Tipatur Town, Tumkur Dist – 572 2201 (By Sri. Chandrashekara K.A., Advocate) And The State of Karnataka, By the Police of Chikanayakanahalli P.S., Tumkuar District – 572 201 ….Petitioner Rept. Through The State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001 …Respondent (By Sri. S. Vishwamurthy, 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.99/2013 of Chikkanayakanahalli Police Station, Tumkur and C.C.No.812/2016 which is registered for the offence P/U/S 406, 408, 420 r/w 34 of IPC This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
2. The petitioner (A9) apprehends arrest by the respondent police in their Crime No.99/2013 registered in respect of the offences punishable under Sections 406, 408, 420 r/w Section 34 of IPC. In the chargesheet submitted to the Court against 22 accused persons, the petitioner is arraigned as accused No.9.
3. The allegation is, the accused Nos.1 to 9 promoted a society in the name and style of M/s.Samanvaya Health Education and Rural Development Society (R). On 08.10.2007, the society entered into MOU with an agency by name Micro Insurance and opened the office at Chikkanayakanahalli. Some of the accused were employed to run the office and some were engaged as insurance agents. About 93,086 policy holders were paying insurance premium. The accused used to forward insurance premium through DD to the central office of the LIC. The insurance agents were also getting commission between the year 2008-09 to 2013-14. They have not credited the amount of Rs.25,84,415/- pertaining to 1038 policy holders, thus cheated the general public so also LIC.
4. Learned counsel for the petitioner submits that the petitioner is a teacher working in a Government Higher Primary School at Govindapura and he withdrew from the society in the year 2007. There is no specific allegation of misappropriation of money against him in the chargesheet. Only for the reason that he was Director of the society, initially he was not named in the FIR. At no point of time, he was called for interrogation by the Investigating Officer. In the event of his arrest, his career will be marred. He will undertake to surrender before the concerned Court and participate in the proceedings if anticipatory bail is granted for a limited period.
Having regard to the facts and circumstances of the case, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.99/2013 registered by the respondent-Police for a limited period of three weeks.
Within the above period, he shall surrender before the concerned Court and move for regular bail.
Until disposal of the regular bail petition, this order will be in force.
In the event of his arrest by the respondent-Police within the above period, he shall be released on bail on his executing a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
Sd/- JUDGE MR