IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9365 OF 2018 BETWEEN:
RAMAKRISHNA S/O LATE CHIKKA HULIGE GOWDA AGED ABOUT 45 YEARS R/AT NO.CA SITE NO.9D LIONS SEVA BHAVAN 8TH A CROSS, 16TH A MAIN YELAHANKA LIONS BLOOD BANK NEAR NES BUS STOP YELAHANKA NEW TOWN BENGALURU – 560 064 ...PETITIONER (BY MS.VIJETHA R. NAIK, ADV.) AND STATE OF KARNATAKA THROUGH SOLADEVANAHALLI POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., 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.358/2018 OF SOLADEVANAHALLI POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 408, 418, 420, 468, 477A, 120B R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.3 in Crime No.358/2018 of Soladevanahalli Police Station. The said case was registered on the basis of requisition of Police Inspector, Rajajinagar Police Station for transferring the Crime No.235/2018 of their Police Station on the ground of territorial jurisdiction.
2. Original complaint was filed in Crime No.235/2018 of Rajajinagar Police Station for the offences punishable under Sections 408, 418, 420, 468, 477(A) and 120B read with Section 34 of IPC against the petitioner and two others on the basis of complaint of one Shashank R., Manager, Operations and Audit, Sapthagiri Hospital, Bengaluru.
3. The petitioner was the Lab in-charge and accused No.1 was the Billing in-charge and accused No.2 was Nursing Superintendent in Sapthagiri Institute of Medical Sciences and Research Center, Bengaluru, run by the complainant/Trust. It is alleged that from 2011 to 2018, the accused in collusion with each other raised inflated bills, collected money from the patients and thereafter revised the bill on their computers reducing the bill amount and remitted the amount lesser than what was actually collected by them, from the patients. It is alleged that the accused have cheated the complainant/Trust to the tune of `3 crores.
4. Petitioner was an outsourced Lab Service Provider. He withdrew his services in 2014. There is a delay in filing the complaint. The complainant in the complaint states that the original bills have been annexed to the complaint. The accused Nos.1 and 3 were the regular employees of the institution.
5. As per the CD records, the documents regarding alleged cheating are already available with the complainant Institution in the form of audit report, enquiry report, etc. Therefore, chance of petitioner tampering them is remote. The offences alleged are triable by the Magistrate. Accused Nos.1 and 2 have been granted bail by the learned Magistrate.
6. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.358/2018 of Soladevanahalli Police Station, Bengaluru city, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of `2,00,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. He shall not tamper the prosecution witnesses in any manner;
5. Except for the investigation, he shall not visit the scene of offence till the completion of investigation.
In view of disposal of the main petition, I.A.No.1/2018 does not survive for consideration. It stands disposed of accordingly.
Sd/- JUDGE KNM/-