IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7778/2019 BETWEEN:
SOWMYA .V D/O MR. VENKATESH C.A AGED ABOUT 29 YEARS, R/AT PIPELINE ROAD, CHANNENALLI VILLAGE, KADABAGERE, BENGALURU – 560 091. … PETITIONER (BY SRI C.R. RAGHAVENDRA REDDY ADVOCATE) AND:
STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE STATION REP BY SPP HIGH COURT, BANGALORE – 560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BIAL IN THE EVENT OF HER ARREST IN CR.NO.307/2019 OF KAMAKSHIPALYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 406 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner is arraigned as accused No.36 in Crime No.307/2019 of Kamakshipalya Police station for the offence punishable under Sections 406 and 420 of IPC and Section 109 of Karnataka Co- operative Societies Act, 1959.
3. The brief facts of the case are that the petitioner is alleged to be the Director of Hemagiri Multi-Purpose Cooperative Society Ltd., situated at Kamakshipalya, Bangalore. It is alleged that since 2013-14 there was auditing of the accounts of the said Society. But subsequently, from 2014-15 upto 2018-19 the auditing has not been done so far as the said Society is concerned and the accounts have not been properly maintained. It is also alleged that all the Members/Directors including the officials have colluded with each other and they have not properly maintained the accounts with regard to the accounts of the depositors and also not paid back their money along with interest etc. On the basis of the said omnibus allegations almost all the Directors have been made as accused. The petitioner is said to be the Director of the said Society. The First Information Report does not disclose as to what exactly is the role of this Director, and whether she was actually involved in the day to day affairs of the said co-operative society or not has to be established during the course of investigation and as well as it has to be proved during the course of trial. Particularly at this stage, in the absence of any material to show the specific role of the petitioner, I am of the opinion that no custodial interrogation is necessary so far as this petitioner is concerned, as the entire case revolves around the documents which are available with the Society. Therefore, by imposing stringent conditions, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. The petitioner shall be released on bail in the event of her arrest in connection with Crime No.307/2019 of Kamakshipalya Police Station for the offence under Sections 406 and 420 IPC and Section 109 of the Karnataka Co-operative Societies Act, subject to the following conditions:-
i) The petitioner shall surrender herself before the concerned Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute her personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in similar activities and she shall not hamper the investigation or tamper the prosecution witnesses.
iii) The petitioner shall appear before the concerned Investigating Officer as and when required for the purpose of investigation, interrogation etc.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the concerned Investigating Officer, till filing of Final Report.
Sd/- JUDGE PKS