IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8741 OF 2018 BETWEEN:
Sri K.B. Malleshappa, S/o. Basappa, Aged about 62 years, Ex-Chief Executive Officer, VSSN Society, Benakanahalli, Chitradurga Taluk and District R/o. Sri Kalleshwara Nilaya, Near Ganesha Temple, Holalkere Road, Chitradurga District – 577 501. … Petitioner (By Sri Rahul Rai K., Adv.) AND:
The State of Karnataka, By Chitradurga Rural Police Station Represented by its State Public Prosecutor, High Court Buildings, Bengaluru – 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 Crime No.113/2018 of Chitradurga Rural police station, Chitradurga for the offence P/U/S 406 and 409 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 under Section 438 of Cr.PC praying to release the accused petitioner on anticipatory bail in Crime No.113/2018 of Chitradurga P.S., for the offence punishable under Sections 406 and 409 of IPC.
2. I have heard learned counsel for the petitioner accused and learned HCGP for the respondent-State.
3. The genus of the complaint is that the President of VSSN Society, Benakanahalli filed a complaint on 12.03.2018 alleging that the accused petitioner while working as a Chief Executive Officer has misappropriated the funds and during the year 2015-16, audit was also conducted and on verification, it was found that an amount of Rs.4,82,338/- has been misappropriated by accused petitioner from the society and thereby petitioner has committed the alleged offence. On the basis of the said complaint, a case has been registered in Crime No.113/2018.
4. It is the submission of learned counsel for the petitioner that the audit report is of the year 2015-16 and the complaint was came to be registered on 12.03.2018. There is long delay in filing the complaint. He further submits that the petitioner has retired from his service as Chief Executive Officer of the said Society during the year 2016 and now, only with an intention to harass and recover the said amount, he has been falsely made as accused. He further submits that he is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties. On these grounds he prays to allow the petition.
5. Per contra learned HCGP vehemently argued and submitted that the petitioner being the Chief Executive Officer, he has been entrusted with funds but has misappropriated an amount of Rs.4,82,338/-. He is already retired from his service. At this juncture, if the accused petitioner is granted anticipatory bail, he may abscond and may not be available for the trial. On these grounds, she prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by learned counsel appearing for the parties.
7. On close reading of the contents of the complaint, it indicates that the audit of the Society was conducted during the year 2015-16. Though, the said misappropriation was noticed, the complaint was came to be filed on 12.03.2018. There is inordinate delay. The petitioner is ready to co-operate with the investigation and even the trial may take some more time. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the accused petitioner is granted anticipatory bail, then, it is going to meet the ends of justice.
Taking into consideration the above facts and circumstances, the petition is allowed and the petitioner-accused is ordered to be released on bail in the event of his arrest in Crime No.113/2018 of Chitradurga Police Station, for the offence punishable under Sections 406 and 409 of IPC, subject to following conditions;
1. The accused petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Laksh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in a month between 10.00 a.m., to 5.00 p.m., till charge sheet is filed.
5. He shall not tamper with the prosecution witnesses directly or indirectly.
Sd/- JUDGE PN/-