IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1141 OF 2019 BETWEEN:
SMT. PARVEEN M W/O ZAHEER BASHA AGED ABOUT 27 YEARS R/AT NO.148, 5TH CROSS NEAR BON-MILL BUS STOP CHIKKASANDRA COLONY DASARAHALLI BENGALURU–560 057 ...PETITIONER (BY SMT. R.GAYATHRI, ADVOCATE FOR SRI. V.VENKATARAMANAPPA, ADVOCATE) AND:
STATE BY SOLADEVANAHALLI POLICE STATION REPRESENTED BY STATE S.P.P. HIGH COURT BUILDINGS BENGALURU–560 001 …RESPONDENT (BY SRI. HONNAPPA, 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.358/2018 OF SOLADEVANAHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/Ss.408, 418, 420, 468, 477(A), 120-B R/W. SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition is filed by the petitioner/accused No.7 under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.358/2018 of Soladevanahalli Police Station for the offences punishable under Sections 408, 418, 420, 468, 477-A, 120-B read with Section 34 OF IPC.
2. I have heard the learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for the respondent-State and perused the records.
3. The brief facts of the prosecution is that, in Sapthagiri Institute of Medical and Research Centre at Soladevanahalli, accused No.1 was working as billing in-charge; accused No.2 was working as Nursing Superintendent and accused No.3 earlier was working as lab-incharge; in that capacity they conspired together and they raised huge amount by creating fake bills and collected huge amount from the patients and later they created fake bills and remitted less amount to the hospital and cheated an amount of `3,00,00,000/-. The said fact came to the knowledge of Hospital authorities during auditing. Therefore, the Manager of the said Hospital lodged a complaint against accused No.1 to 3 at the initial stage. It appears on the basis of the statement of accused Nos.1 to 3, the name of this petitioner and others also divulged. On the basis of that, the police have also making arrangement to arrest the petitioner and on that apprehension, the petitioner has approached for grant of anticipatory bail before the Sessions Court in Crl.Misc.No.1956/2018. The said petition was rejected by the Sessions Court on the ground that, there is no reasonable apprehension of arrest and further the investigation is not yet completed.
4. On perusal of the Committal Court records, it discloses that accused Nos.1 and 2 were already released on bail and infact accused No.3 also surrendered before the Court and enlarged on bail under Section 437 of Cr.P.C. Accused No.5 surrendered before the jurisdictional Court and he was also enlarged on bail. The allegations against accused Nos.3 to 8 are one and the same. The main accused persons are accused Nos.1 to 3, who were already released on bail.
5. Under the above said circumstances, as the offences are not punishable with death or imprisonment of life, the petitioner is also entitled to be enlarged on bail with stringent conditions. Hence, the following order:
The Petition is allowed. Consequently, the petitioner/accused No.7 shall be released on bail in connection with Crime No.358/2018 of Soladevanahalli Police Station for the offences punishable under Sections 408, 418, 420, 468, 477-A, 120-B read with Section 34 OF IPC, subject to the following conditions:
(i) The Petitioner shall be released on bail in the event of her arrest by the respondent-police/on her voluntarily surrendering before the jurisdictional Court within 10 days from the date of receipt of a copy of this order subject to her executing a personal bond for a sum of `50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court;
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation as and when required for the purpose of investigation, interrogation etc;
(iii) The petitioner shall not leave the jurisdiction of the Trial Court or Committal Court without prior permission of the Court till the charge sheet is filed or for a period of three months, whichever is earlier.
Sd/-
JUDGE cp*