IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2979 OF 2019 BETWEEN:
SMT. VARALAKSHMI W/O RAMU AGED ABOUT 35 YEARS R/AT NEIGHBOUR NAVODAYA ITI COLLEGE JAYANAGARA BHADAVANE K.R.PET TOWN K.R. PET TALUK MANDYA DISTRICT-577 133 ...PETITIONER (BY SRI P.NATARAJU, ADVOCATE) AND:
STATE OF KARNATAKA BY KIKKERI POLICE STATION MANDYA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560 001 …RESPONDENT (BY SRI K.P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.No.171/2018 OF KIKKERI P.S, MANDYA FOR THE OFFENCES P/U/Ss.408 AND 420 OF IPC ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATTANA), REJECTED THE BAIL PETITION ON 10.04.2019 IN CRL.MISC.NO.5102/2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.171/2018 registered in Kikkeri Police Station for the offences punishable under Sections 408 and 420 of IPC.
2. I have heard the learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for the respondent-State and perused the records.
3. The factual matrix of the case discloses that a crime has been registered against the petitioner in Crime No.171/2018 for the offences punishable under Sections 408 and 420 of IPC, which are not punishable either with death or imprisonment for life.
4. It is alleged that the petitioner was working as Junior Assistant in the office of CHESCOM, Kikkeri during the years 2006 to 2012. It is alleged that at that time she has received the electricity bill amount from the consumers but failed to credit the same to the Department. During the internal audit for the period from 2006 to 2016, it was found that, she has permanently misappropriated a sum of `4,76,381/- and temporarily misappropriated a sum of `4,34,548/- and it is alleged that she has misused an amount totaling `9,10,929/-. The police can investigate the matter by recovering any articles even if she is released on anticipatory bail. Further, added to that she is a lady; she has been working in the Department and there is no chances of she absconding from the clutches of law.
5. In the above circumstances, the petitioner is entitled to be released on bail. Hence, the following order:-
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.171/2018 registered in Kikkeri Police Station, on following conditions:-
i) The petitioner shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and she shall execute a personal bond for a sum of `1,00,000/- with two sureties 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 she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mandya District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/-
JUDGE cp*