IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8125 OF 2018 BETWEEN:
SRI M.H.RANGARAJU S/O HUCHAIAH AGED ABOUT 56 YEARS PROJECT MANAGER GANDASI GANDASI RURAL BUILDING CENTRE ARASIKERE TALUK-573 103 HASSAN DISTRICT.
(BY SRI S.G.VISHWANATH, ADV.,) AND:
THE STATE OF KARNATAKA BY ARASIKERE RURAL POLICE, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001.
(BY SRI K.P.YOGANNA, HCGP) ...PETITIONER ...RESPONDENT 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 BY THE RESPONDENT POLICE ON THE BASIS OF THE COMPLAINT FILED BY THE PRESIDENT OF GANDASI GRAMINA NIRMITHI CENTER, HASSAN, FOR THE ALLEGED OFFENCE P/U/S 406 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner claims that he apprehends his arrest by the respondent-police on the basis of the complaint which the Deputy Commissioner, Hassan may file against him.
2. Petitioner is serving as Executive Engineer in Public Works Department, Government of Karnataka. He was deputed to Gandasi Gramina Nirmith Kendra, Arasikere Taluk, Hassan as Project Manager and he was serving there.
3. The Deputy Commissioner who is also the chairperson of Gandasi Gramina Nirmith Kendra, Arasikere Taluk, Hassan has issued show cause notice dated 04.09.2018 to the petitioner calling upon him to furnish the accounts of five years of the said Centre and audit report. Petitioner claims to have submitted certain documents to the Deputy Commissioner in response to the notice on 12.09.2018.
4. Thereafter, the Deputy Commissioner, Hassan, has issued another notice on 18.09.2018 stating that the documents furnished by him do not cover the entire records. It is alleged in the notice that the petitioner has suppressed the details of the expenditures, bank transactions and misappropriated the Government grants and also it is stated that if required documents are not submitted within five days, criminal case will be registered against him.
5. Petitioner claims to have submitted reply to the said notice on 30.09.2018. He submits that despite furnishing all details, the Deputy Commissioner, Hassan is threatening to file criminal case against him and he may be arrested in such case. Thus, he claims anticipatory bail.
6. The offence for which the petitioner apprehends his arrest are punishable under Sections 406 and 420 of IPC. It is no doubt true that even if no FIR is registered, the apprehension of the petitioner is reasonable. The Court can grant anticipatory bail under Section 438 of Cr.P.C.
7. The records indicate that the petitioner has served for ten years at one Station. Though the notices are being issued since 04.09.2018, so far no FIR is registered. Learned HCGP submits that no FIR is registered in the respondent – police Station.
8. Under these circumstances, the Court does not find the apprehension of the petitioner to be reasonable. Therefore, the petition is dismissed.
Sd/- JUDGE VMB