IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8150 OF 2018 Between:
Sri. Bahubali M.B., S/o. Late Sri. D.J.Malagatti, Aged about 40 years, Residing at No.23, 2nd Main, 3rd Cross, Banashankari 2nd stage, Bengaluru – 560 078.
(By Sri. P.B.Raju, Advocate) And:
State by Kumarsamy Layout Police Station, Bengaluru City, Bengaluru Represented by Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Smt. Namitha Mahesh, Advocate) … Petitioner ...Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.387/2018 of Kumarswamy Layout Police station, Bengaluru City for the offence punishable under Section 34, 467, 465, 420, 409, 468, 471, 469, 470 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.387/2018 of Kumarswamy Layout Police Station for the offences punishable under Sections 66(D) of Information Technology Act, 2000 and Sections 409, 420, 465, 467, 468, 469, 470, 471 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent-State.
3. The Deputy Secretary, Bengaluru Urban Jilla Panchayath has lodged a complaint alleging that the petitioner-accused while working as a PDO, illegally opened the Khatha of E-Property Technology and has misused and he was suspended on 27.08.2018. It is also further alleged that he has also not followed the procedure which has been approved by the Panchayat in order to avoid the fraud and misrepresentation and thereby caused loss to the Government to the tune of more than ` one Crore. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for the petitioner that the accused No.1 is a person who has not misused by generating the Katha and he is working as PDO. He has not illegally obtained the katha of the E-Property technology and has misused. The only allegation which has been made against the petitioner- accused No.2 is that he was knowing the password of the complainant and he could have kept it in secrecy except that, no other allegation have been made. He further submitted that already accused No.1 has been released on bail and on the ground of parity accused No.2-petitioner is also entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by any of the terms and conditions imposed by this Court and to offer sureties. On these grounds, he prays to allow the petition and release the petitioner-accused No.2 on bail.
5. Per contra, learned High Court Government Pleader submits that accused No.2 has committed serious offence by disclosing the password known to him and thereby, enabled accused No.1 to change the katha by using E-portal of E-Swathu and cheated the Government by forging the Government records. The accused No.2-petitioner is absconding and is not available for trial or interrogation. If he is now released on bail, he may abscond and he may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other material it is accused No.1 who was working as PDO of Doddagubbi Gram panchayath and he was suspended on 27.08.2018. He by entering into login ID IP of Executive Officer, got approved the katha in login ID of executive officer and also used password of the Deputy Secretary and forged the records. But insofar as the petitioner-accused No.2 is concerned, in the complaint it has been alleged that he was knowing password of the Deputy Secretary and he must have kept the same in secrecy, except that no other allegations have been made to show that he has made use of the said password and he communicated the same to accused No.1 and facilitated him to change the katha. Already accused No1 has been released on bail in Crl.P.No.8868/2018 by order dated 26.02.2019, on the ground of parity, the accused No.2-petitioner is also entitled to be released on bail. The alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that petitioner-accused No.2 has made out a case to release him on anticipatory bail.
8. Keeping in view the above facts and circumstances, the petition is allowed and accused No.2 is ordered to be released on anticipatory bail in the event of his arrest Crime No.387/2018 of Kumarswamy Layout Police station for the offences offence punishable under Sections 66(D) of Information Technology Act, 2000 and Sections 409, 420, 465, 467, 468, 469, 470, 471 read with Section 34 of IPC subject to following conditions:
1. He shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Trial Court.
2. He shall be regular in attending the trial.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not indulge in similar type of criminal activities.
5. He shall mark his attendance on the first date of every month between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
In view of disposal of the main petition, I.A. No.1/2018 does not survive for consideration.
sd/- JUDGE DS/RG