IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7323/2019 AND CRL.P. NO. 7324/2019 IN CRL.P. NO. 7323/2019 BETWEEN 1. SMT. SUMITHRA.K W/O KRISHNAPPA AGED ABOUT 37 YEARS 4TH CROSS, NEAR NANDA GOKULA SCHOOL KAVERIPURA, KAMAKSHIPALYA BENGALURU – 560 079 2. V.HEMANTH KUMAR S/O VARADARAJAIAH AGED ABOUT 29 YEARS ‘HEMAGIRI NILAYA’ RAMA MANDIRA MAIN ROAD KAVERIPURA, KAMAKSHIPALYA BENGALURU – 560 005 3. SMT LALITHA W/O GANGADHAR AGED ABOUT 50 YEARS NO.5, 8TH ‘C’ MAIN POLICE QUARTERS NEAR JAIN TEMPLE 4TH BLOCK, JAYANAGAR BENGALURU – 560 005 ... PETITIONERS (BY SRI. GNANESH.H.KEMPANNA, ADVOCATE) IN CRL.P. NO. 7324/2019 BETWEEN VASANTH KUMAR.V S/O VARADARAJAIAH AGED ABOUT 31 YEARS ‘HEMAGIRI NILAYA’ RAMA MANDIRA MIAN ROAD KAVERIPURA, KAMAKSHIPALYA BENGALURU – 560 005 ... PETITIONER (BY SRI. GNANESH.H.KEMPANNA, ADVOCATE) AND STATE OF KARNATAKA BY KAMAKSHIPALYA POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 (BY SRI. ROHITH.B.J., HCGP) … RESPONDENT (COMMON IN BOTH PETITIONS) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.307/2019 OF KAMAKSHIPALYA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S.109 OF KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 AND SECTIONS 406 AND 420 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A3, A14, A21 & A34) and the learned HCGP for the Respondent –State. Perused the records.
2. The Crl.P.No.7323/2019 is filed by petitioners (A3, A14 & A21) the Criminal Petition No.7324/2019 is filed by petitioner/Accused No.34.
3. A case in Crime No.307/2019 has been registered by the respondent-Kamakshipalya Police against the petitioners herein and others for the offence punishable under Section 109 of Karnataka Co- operative Societies Act 1959 and Sections 406 & 420 of IPC, which is now pending before the Court of IV addl. CMM, Bengaluru.
4. The brief facts of the case are that, the petitioner in Crl. P. No.7324/2019 is working as a CEO and the petitioners in Crl. P. No.7323/2019 are the Directors of Hemagiri Multi-Purpose Co-operative Society, situated at Kamakshipalya, Bengaluru. It is alleged that since 2013-14 there was auditing of the accounts of the said Society. But subsequently, from 2014-15 upto 2018-19 the auditing has not been done so far as the said Society is concerned and the accounts have not been properly maintained. It is also alleged that all the Members/Directors including the officials have colluded with each other and they have not properly maintained the accounts with regard to the depositors and also not paid back their money along with interest etc. On the basis of some omnibus allegations, almost all the Directors have been made as accused. The petitioners are said to be the CEO and the Directors of the said Society. The First Information Report does not disclose the exact role of these petitioners (A3, A14, A21 & A34) and whether they were actually involved in the day to day affairs of the said co-operative society. Therefore, the said aspect has to be established during the course of the investigation and as well as to be proved during the course of full dressed trial. Hence, particularly at this stage, in the absence of any material to show the specific role of the petitioners (A3, A14, A21 & A34) and the entire case revolves around the documents which are available with the Society. Hence, I am of the opinion, that no custodial investigation is necessary so far as these petitioners are concerned. Therefore, the petitioners are liable to be enlarged on bail with certain stringent conditions. Hence, the following,-
ORDER The petitions are allowed. The petitioners (A3, A14, A21 & A34) shall be released on bail in the event of their arrest in connection with Crime No.307/2019 of Kamakshipalya Police Station, Bengaluru City, registered against them for the aforesaid offences, now pending on the file of the IV Addl. CMM, Bengaluru, subject to the following conditions:-
i) The petitioners shall surrender themselves before the concerned Investigating Officer within ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in similar activities and they shall not hamper the investigation or tamper the prosecution witnesses.
iii) The petitioners shall appear before the concerned Investigating Officer as and when required for the purpose of investigation, interrogation etc.
iv) The petitioners shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
v) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the concerned Investigating Officer, till filing of Final Report.
Sd/-
JUDGE KGR*