IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4305/2019 BETWEEN:
Vageesh P N., S/o Late Nagappa. P., Aged about 50 years, R/at Bannikodu Village, Harihara Taluk, Davanagere District-577 106. (By Sri.Rudrappa.P., Advocate) AND:
The State of Karnataka, By Rural Police Station, Harihar, Harihar Taluk, Davanagere District-577 106. Represented by State Public Prosecutor, High Court Building, 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 in Cr.No.52/2018 registered by Harihara Rural Police Station, Davanagere for the offence p/u/s 406 and 409 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.52/2018 of Harihara Rural Police Station for the offences punishable under Sections 406 and 409 of IPC.
3. The brief facts of the prosecution case are that, the petitioner while working as President of Bannikodu Gram Panchayat, Harihara Taluk, Davanagere, it is alleged that under the scheme of Swatch Bharath Abhiyana, for the purpose of constructing toilets to deserving persons, an amount of Rs.2,88,000/- was released. Instead of paying the same to the deserving persons, the said amount alleged to have been misappropriated by this petitioner-accused No.2 and the Secretary (Accused No.1).
4. The material on record discloses that the said amount has already been received at the instance of Secretary-accused No.1 and he is enlarged on regular bail by the concerned jurisdictional Court. Under such circumstances, prosecution has to prove that collusion between accused Nos.1 and 2, beyond all reasonable doubt during the course of full fledged trial. Therefore, at this stage, petitioner is entitled to be enlarged on bail. Hence, the following ORDER The criminal petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.52 of 2018 of Harihara rural Police Station, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond 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 petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
In view of disposal of main petition on merits, IA.No.1/2019 for interim bail does not survive for consideration and the same is dismissed.
Sd/- JUDGE SB