IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1155/2019 BETWEEN:
Smt.P.K.Umavathi, Aged about 43 years, W/o.P.M.Ramakrishna, R/at Nariyandada Village, Madikeri Taluk, Kodagu District-571 212. …Petitioner (By Sri.Prabhugoud.B.Tumbigi, Advocate) AND:
The State of Karnataka by Napoklu Police Station, Madikeri, Rep. by State Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Sri.S.Rachaiah, 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.10/2019 of Napoklu Police Station, Kodagu for the offence punishable under Sections 420, 408 and 409 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to proceedings in Crime No.10/2019 for the offences punishable under Sections 420, 408 and 409 of IPC.
2. The case of the prosecution is that complaint has been lodged by the President of the Primary Agricultural Credit Co-operative Society against the petitioner and others alleging that on the basis of the audit report there has been misappropriation of certain amounts. On the basis of the complaint filed against the Chief Executive Officer, Sales Clerk and the petitioner, FIR has been lodged and investigation is in progress.
3. The learned counsel for the petitioner points out that the role of each of the accused is a matter still to be ascertained. It is stated that it is only on the basis of the audit report, proceedings are sought to be initiated and that the statute would provide for further proceedings to be initiated on the basis of the audit report to find out the role of the accused. It is also pointed out that accused No.1 has been released by the order of the Sessions Judge while accused No.3 has been released as per order passed in Crl.P.No.1445/2019. The observations of this Court while considering the application of accused No.3 for being enlarged on bail at paragraph 7 is to be taken note of.
4. The present case rests on documentary evidence. The question as to the role of the petitioner in commission of crime is a matter to be proved. Taking note of the fact that other accused including Chief Executive Officer, who is incharge of the affairs of the Society has been enlarged on bail, petitioner is also entitled to be enlarged on bail in the event of arrest on the basis of principle of parity.
5. Accordingly, the petitioner is entitled to be enlarged on bail in the event of his arrest in Crime No.10/2019 for the offences punishable under Sections 420, 408 and 409 of IPC subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.10/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS