IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6883/2019 BETWEEN:
THE STATE OF KARNATAKA, STATION HOUSE OFFICER, BANTWAL RURAL POLICE STATION, D.K. MANGALURU-01. … PETITIONER (BY SRI ROHITH B.J., HCGP.) AND:
1. K. ISMAIL, S/O LATE IBRAHIM, AGED ABOUT 52 YEARS, R/O GERUPADU HOUSE, IRA VILLAGE, BANTWAL TALUK - 574 211.
2. MOHAMMED RAFEEL. S/O LATE BAPA KUNHI, AGED ABOUT 51 YEARS, R/O KUKKAJE HOUSE, MANCHI VILLAGE, BANTWAL TALUK – 574 211.
3. HASAINAR P.K., S/O LATE ISMAIL BEARY, AGED ABOUT 44 YEARS, R/AT PUCHEKERE HOUSE, MANCHI VILLAGE, BANTWAL TALUK – 574 211. .. RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (2) OF CRIMINAL PROCEDURE CODE, PRAYING TO CANCEL THE BAIL GRANTED TO THE RESPONDENTS/ACCUSED IN CRL.MISC.NO.838/2019 BY ORDER DATED 15.06.2019 ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CR.NO.56/2019 OF BANTWAL POLICE STATION FOR THE OFFENCE P/U/S 417,468 AND 420 R/W 34 OF IPC AND BE PLEASED TO DIRECT THAT THE RESPONDENTS/ACCUSED BE ARRESTED AND COMMITTED TO CUSTODY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned High Court Government Pleader for the petitioner - State. Perused the records.
2. This petition is filed for cancellation of bail granted to the respondents by the III Additional District and Sessions Judge, Dakshina Kannada, Mangaluru, in Crl.Misc.No.838/2019 vide order dated 15.06.2019.
3. The factual matrix discloses that one Abdul Razak lodged a complaint stating that he is the member of the Administrative Committee of Mohiyuddeen Jumma Masjid Kukkaje and alleging that during the year 2017-18, there was grant of Rs.15,00,000/- to the said Committee for construction of Shadimahal, but the accused persons representing themselves as Executive Committee Office bearers withdrawn the said money. The said fact was intimated to the District Collector as well as Minority Development Officer, but no action has been taken. Therefore, a complaint has been lodged alleging misappropriation of funds.
4. The incident alleged to have been happened in the year 2017 and the complaint was lodged in the year 2019. During that time, respondents claimed that they were the office bearers of the said Committee and in that capacity, they used the seal and other documents pertaining to the said Committee. The Court below, after taking into consideration all the circumstances, granted anticipatory bail with certain conditions.
5. It is the not the case of the State that the respondents have violated any of the terms and conditions imposed by the Trial Court and that the offences alleged against the respondents under Sections 417, 468, 420 read with Section 34 IPC are not punishable either with death or imprisonment of life.
6. Under the above said facts and circumstances, as the bail order was passed long back in the month of June, 2019, respondents are enjoying the bail order and there is no violation of any conditions. In my opinion, no ground has been made out for cancellation of bail. Hence, the petition being devoid of merit is liable to be dismissed. Accordingly, it is dismissed.
Sd/-
JUDGE PKS