IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8868 OF 2018 BETWEEN:
Sri. N. Avinash, S/o B.L. Nagaraj, Aged about 34 years, R/at No.303, S.R. Residency, Marathahalli, Bengaluru – 560 037.
Also at Development Officer, Dodda Gubbi Gram Panchayath, Bengaluru North Taluk, Bengaluru – 560 077.
(By Sri. Shyam Sundar M.S., Advocate ...Petitioner For Sri. C.H. Hanumantharaya & Associates, Advocates) AND:
State of Karnataka By Kumaraswamy Layout Police Station, Bengaluru City, Represented by SPP, High Court, High Court Building, Bengaluru – 560 001.
...Respondent (By Sri. K. P. Yoganna, 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 Crime No.387/2018 of Kumaraswamy Layout Police Station, Bengaluru City for the offence punishable under Section 66-D of Information Technology Act, 2000 and Section 34, 467, 465, 420, 409, 468, 471, 469 and 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.1 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 Kumaraswamy Layout Police Station for the offence punishable under Section 66-D of Information Technology Act, 2000 and Sections 467, 465, 420, 409, 468, 471, 469, 470 read with Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner-accused No.1 and also learned HCGP appearing for respondent-State.
3. The Deputy Secretary , Bengaluru Urban Jilla Panchayath has lodged complaint alleging that the petitioner-accused while working as a PDO, illegally opened the Khatha of E-Property Technology and has misused and he is 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 the learned counsel for the petitioner that the suspension order which has been passed has been set aside by the Karnataka Appellate Tribunal. No sanction has been obtained by the competent Authority to prosecute the accused under above said offences that he was working as Government Servant. He further submitted that no illegality or infirmity has been caused by the accused-petitioner by making the entry. He has followed the procedure established by law. He further submitted that the offences which have been alleged are not punishable with death or imprisonment for life or no financial loss has been caused to the Government as contended in the petition. He further submitted that the petitioner is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the accused-petitioner has committed serious offence of changing the Khata by using E-Portal of E-Swathu and cheated the Government by forging the Government records. He further submitted that the accused-petitioner may abscond and will not be available for investigation or interrogation if he is released on bail, he may again commit the similar type of activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and perused the records.
7. Admittedly, the petitioner-accused is working as a PDO of Doddagubbi Gram Panchayath and it is alleged that accused-petitioner was suspended on 27.08.2018 and by entering to the login ID of Executive Officer he got approved the Khatha in login ID and has also used the password of the Deputy Secretary and forged the records, that is the matter which has to be considered and appreciated only at the time of trial and not at this premature stage. The alleged offence is not punishable with death or imprisonment for life and if any tampering of the khatha has been made, it is a matter of record, it can be secured by entering into the said E- Property. The accused-petitioner is working as a PDO and there is no likelihood of he abscond and plea away of justice.
8. Keeping in view the above facts and circumstances, petition is allowed and the petitioner- accused No.1 is ordered to be enlarged on anticipatory bail in the event of his arrest in Crime No.387/2018 of Kumaraswamy Layout Police Station for the offence punishable under Section 66-D of Information Technology Act, 2000 and Sections 467, 465, 420, 409, 468, 471, 469 and 470 read with Section 34 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in 15 days between 10.00 a.m to 5.00 p.m., before the concerned police station till the chargesheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE ag