IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7942 OF 2018 BETWEEN:
SMT. RENUKAMMA, W/O SRI. GURUSWAMY, AGED ABOUT 60 YEARS, R/AT GORUR, KATTAYA HOBLI, HASSAN TALUK & DISTRICT-573 120. ...PETITIONER (BY SRI.C.R.GOPALASWAMY, ADVOCATE) AND:
STATE OF KARNATAKA, BY GORURU POLICE STATION, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. ...RESPONDENT (BY SRI.K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.161/2018 REGISTERED BY GORURU POLICE STATION, HASSAN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 409 AND 201 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is accused No.2 in Cr.No.161/2018 of Goruru Police Station. The said case was registered against the petitioner and one Naveen Kumar the then Panchayat Development Officer of Goruru Gram Panchayat, for the offences punishable under Sections 406, 409, 201 read with 34 IPC on the basis of the complaint of one K.C.Devarajegowda, the Executive Officer, Taluk Panchayat, Hassan.
2. It is alleged that the petitioner and the accused No.1 have misappropriated the Gram Panchayat funds to the tune of Rs.1,29,86,224/- which was allotted for utilization under various Schemes. It is alleged that the amount was wrongly drawn and no proper records were maintained and in some cases, amount were wrongly paid to the persons who executed the work under the Schemes.
3. The offences alleged are triable by the Magistrate. As per the petitioner, it was accused No.1, who was entrusted with the documents and was in-charge of the works. Every transaction is based on documentary evidence. It is submitted that the petitioner is an illiterate. Under these circumstances, it is a fit case to grant anticipatory bail.
4. Therefore, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.161/2018 of Goruru Police Station, subject to following conditions :
(i) She shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) She 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 her appearance.
(iii) She shall not tamper the witnesses in any manner.
(iv) She shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(v) Except for the purpose of investigation, she shall not visit Goruru Gram Panchayat till the completion of investigation.
Sd/- JUDGE TL