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.8390 OF 2018 BETWEEN:
SRI SHIVAKUMAR SON OF SRI NARASIMAHSWAMY AGED ABOUT 39 YEARS RESIDING AT NO.2142 1ST CROSS, DEVARAJA MOHALLA MYSURU – 570023 ...PETITIONER (BY SRI P.PRASAD, ADV.) AND THE STATE OF KARNATAKA BY MYSURU SOUTH POLICE STATION MYSURU - 570002 REPRESENTED BY SPP HIGH COURT 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.291/2018 OF MYSORE SOUTH POLICE STATION, MYSORE DISTRICT FOR THE OFFENCE P/U/S 408, 409, 420 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.291/2018 of Mysore South Police Station. The petitioner was serving as Panchayath Development Officer of Rammanahalli Grama Panchayath till the forenoon of 29.12.2017. Accused No.2 is the President and accused Nos.3 and 4 are the third persons.
2. Crime No.291/2018 was registered against all of them for the offences punishable under Sections 408, 409 and 420 r/w 34 of IPC, on the basis of the complaint of the Executive Officer of Mysuru Taluk Panchayath. It is alleged that the accused in collusion with each other diverted the funds of Grama Panchayath to the tune of Rs.4,80,000/- to the personal bank accounts of accused Nos.3 and 4. It is further alleged that the petitioner and accused No.2 signed those cheques and Pay orders and facilitated the passing of the said amount to the account of accused Nos.3 and 4 without execution of work in question.
3. As per the complaint itself, by the time the cheque/Pay orders were passed, the petitioner was relieved from the office of Rammanahalli Grama Panchayath. The complaint further states that the said amount of Rs.4,80,000/- which was allegedly misappropriated was remitted back to the account of Grama Panchayath.
4. The only allegation against the petitioner is that he along with accused No.2 signed the cheque/Pay orders. The Sessions Court has granted anticipatory bail to accused Nos.3 and 4 who are the alleged beneficiaries of the said funds. Under these circumstances and on the ground of parity, petitioner is entitled for anticipatory bail. Therefore, petition is allowed.
5. The petitioner is granted anticipatory bail in Crime No.291/2018 of Mysore South Police Station, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HJ