IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE K.S. MUDAGAL CRIMINAL PETITION NO.8596/2018 BETWEEN:
SRI. JAYAPRAKASH S/O. ANNEGOWDA H.K., AGED ABOUT 42 YEARS R/AT NO.682, HIREMARALLI VILLAGE PANDAVAPURA TALUK MANDYA DISTRICT – 572 112 … PETITIONER [BY SRI. T. PRAKASH, ADVOCATE] AND:
STATE BY PANDAVAPURA POLICE STATION MANDYA DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDINGS BANGALORE – 560 001 … RESPONDENT [BY SMT. NAMITHA MAHESH B.G., HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.394/2018 OF PANDAVAPURA POLICE STATION, MANDYA, FOR THE OFFENCES P/U/S. 465, 468, 470, 471, 474, 477, 477-A OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Pandavapura Police have registered Crime No.394/2018 against the petitioner for the offences punishable under sections 465, 468, 470, 471, 474, 477 477-A of IPC, on the basis of a complaint of one Sandesh H., the Incharge Chief Executive Officer of Prathamika Krushi Patthina Sahakara Sangha [Primary Agricultural Credit Co-operative Society], Pandavapura.
2. It is alleged that the petitioner, during his tenure as Chief Executive Officer of the said Society, between 2005 and 2015, committed misappropriation of funds of the Society to the tune of Rs.7,47,761/- by forging documents. It is alleged that when the Assistant Registrar of Co-operative Societies conducted a preliminary enquiry on the allegations of misappropriation, he found that the petitioner and cashier Siddegowda, without disbursing the loan amount to the actual beneficiaries, withdrew the amount forging some documents. The petitioner increased the salary of the employees without following due procedure and approval of the Board, failed to collect interest on the loans due etc.
3. The offences alleged against the petitioner are all triable by the Magistrate. On the basis of the report of the Assistant Registrar of Co-operative Societies, the Society has initiated recovery proceedings in all, against 29 persons including some other employees of the Society, but the complaint is filed only against the petitioner.
4. The petitioner is already kept under suspension.
The chance of he tampering the documents are remote. There is delay in filing the complaint. Having regard to the facts and circumstances of the case, petitioner is entitled for anticipatory bail.
5. Therefore, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.394/2018 of Pandavapura Police Station. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He 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 his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE AN/-