IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5814 OF 2019 BETWEEN:
SRI B.S.RAGHUPATHY, AGED 66 YEARS, S/O LATE KRISHNAPPA SANNAIAH, RESIDENT OF NO.383, 2ND ‘G’ CROSS, 3RD BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU – 560 079. ...PETITIONER (BY SRI. KRISHNA S VYAS, ADVOCATE) AND:
THE STATE OF KARNATAKA BY SIDDAPURA POLICE STATION, JAYANAGAR SUB-DIVISION, BENGALURU, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. ...RESPONDENT (SRI ROHITH.B.J., 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.71/2019 OF SIDDAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 166-A, 420 R/W 34 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 learned HCGP for the Respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.6 in Cr.No.71/2019 for the offence punishable under Sections 166(a), 34 and 420 of IPC. The allegations are that the petitioner while working as a Joint Director in the Industrial Department of Training and Employment during the years 1997 to 2008 had admitted some of the Industrial Centres for Grant-in-aid due to which there was a huge loss to the Government to the tune of Rs.1,12,05,818/- as the persons who are admitted to Gant-in-aid have received the benefits out of the said Grant-in-aid. Now, presently, the petitioner is retired. There is no chance of the petitioner fleeing away from justice because the entire material is based on the documentary evidence available in the Department itself. In the above said facts and circumstances, the offence is neither punishable with death nor imprisonment for life and it was of the years 1997-2008, which was surfaced in the year 2019. In my opinion, the entire allegations have to be thrashed out through full-fledged trial. Hence, the petitioner is entitled to be enlarged on bail, in the event of his arrest. Accordingly, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.71/2019 of Siddapura Police Station, Bengaluru City, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
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, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer till the filing of final report.
Ordered accordingly.
Sd/- JUDGE DH