IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF MARCH, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION No.2317 OF 2017 BETWEEN:
Smt. Padma G.P., W/o Chidananda, Aged about 30 years, Staff Nurse, General Hospital Tipatur, Near Church Compound, Govinapura, Tiptur Town, Presently R/at No.1434/1, General Hospital Quarters, Tipatur, Tumkur Dist.-572201 … Petitioner (By Sri. K.A. Chandrashekara., Advocate) AND:
The State of Karnataka, By Chikkanayakanahalli P.S., Tumkur District – 572201 Rept. Through The State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. … Respondent (By Sri. S. Vishwamurthy, H.C.G.P.) This Criminal Petition is filed under Section 438 Cr.P.C praying to enlarge the petitioner on bail in the event of her 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 passed the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioner is arrayed as accused No.13 in the charge sheet submitted by the respondent-police to the jurisdictional magistrate J.M.F.C. Chikkanayakanahalli Court, in respect of offences punishable under Sections 406, 408 and 420 r/w 34 IPC.
3. The allegation is, accused persons being the members of the Society registered under the Societies Act, had a contract with the LIC and thus used to collect premium amount from the policy holders and credit the same to LIC central office. Between 2008-2009 and 2013-2014, they misappropriated the premium amounts so collected, to a tune of Rs.25,84,451/-.
4. The learned counsel for the petitioner submits that many of the co-accused were granted anticipatory bail. Only nine accused were named in the FIR. Abruptly, while filing the charge sheet the petitioner is arrayed as accused No.13. As per the case of the prosecution, the petitioner along with co-accused is said to have misappropriated a sum of Rs.2,175/- + Rs.30,587/-. Her husband accused No.3 is also enlarged on bail. The petitioner is ready to deposit the above amount before the Trial Court, which shall be subject to the result of the case. She works as a Staff Nurse and since summons was not served on her personally, she did not appear before the jurisdictional Court.
5. The learned HCGP for the State vehemently opposes the relief to the petitioner and submits that an absconding accused is not entitled for anticipatory bail, which relief is at the discretion of the Court under Section 438 of Cr.P.C.
6. However, having regard to the nature of the allegation and also the role attributed against the petitioner, the petition is allowed. Petitioner is granted anticipatory bail for a period of three weeks. Within the above period she shall surrender before the Trial Court and move for regular bail. Till disposal of her regular bail petition, this order will be in force. If she is arrested by the respondent-Investigating Officer within the above period, she shall be released on bail on depositing a sum of Rs.33,032/- in the Trial Court. She shall execute a self bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one local solvent surety for the like- sum to the satisfaction of the Trial Court. As per the undertaking, she shall deposit a sum of Rs.33,032/- within a period of three months, which shall be subject to the final outcome of the criminal case.
Sd/-
JUDGE VBS/SV