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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MAY 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.8130/2018 Between:
Naveen Kumar H.R. S/o H.P.Revanna PDO, Gramapanchayath, Aged about 32 years Gorur, Hassan Taluk, Hassan District – 573213. ...Petitioner (By Sri.K.A.Chandrashekara, Advocate) And:
The State of Karnataka, By the police of Goruru Police Station, Hassan District – 573213.
Represented by State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001.
(By Sri. M.Diwakar Maddur, HCGP) ... Respondent 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.161/2018 of Goruru Police Station, Hassan, for the offences P/U/Ss. 406, 409 and 201 r/w 34 of IPC.
This petition coming on for orders, this day the Court made the following:
ORDER Petitioner is accused No.1 in Crime No.161/2018 of Goruru police station, Hassan. The said case is registered against the petitioner and President of Goruru Grama Panchayath (accused No.2) for the offences punishable under Sections 406, 409 and 201 r/w 34 of IPC.
2. At the relevant time, petitioner was the Panchayath Development Officer of Goruru Grama Panchayath. It is alleged that petitioner and accused No.2 misappropriated Grama Panchayath funds to the tune of Rs.1,29,86,224/- allotted for utilization of various schemes of the panchayath.
3. The Executive Officer, Taluk Panchayath, Hassan, has filed the aforesaid complaint on the orders of Chief Executive Officer, Zilla Panchayath, Hassan.
The order of Chief Executive Officer, Zilla Panchayath, Hassan and the complaint indicate that the amount in question was in joint account of accused Nos. 1 and 2 in the Bank and petitioner had no absolute or exclusive domain over the same.
4. As per the submission of petitioner’s counsel, Gram Panchayath Chairman and elected body was approving authority for execution of the works. This Court vide order dated 14.01.2019 has granted anticipatory bail to accused No.2 in Crl.P.No.7942/2018.
5. Having regard to these facts and circumstances, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.161/2018 of Goruru police Station, Hassan. If he is arrested in the said case, he shall be released on bail, subject to the following conditions:-
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of a copy of this order.
(ii) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
(v) Except for the purpose of investigation, he shall not visit Goruru Gram Panchayat till the completion of investigation.
Sd/- JUDGE Srl.