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.7616/2019 BETWEEN:
SMT VEDAVATHI, W/O LATE BETEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT NO.33, 2ND MAIN ROAD, 5TH CROSS, KAVERIPURA, KAMAKSHIPALYA, NEAR NANDA GOKULA SCHOOL, BENGALURU – 560 079. … PETITIONER (BY SRI SHIVAKUMAR .S. ADV.,) AND:
STATE OF KARNATAKA STATION HOUSE OFFICER, KAMAKSHIPALYA POLICE STATION, BANGALORE.
THROUGH THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.307/2019 OF KAMAKSHIPALYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 109 OF KARNATAKA CO-OPERATIVE SOCIETY ACT AND SECTION 406 AND 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. Petitioner is arraigned as accused No.26 in Crime No.307/2019 for the offence under Sections 406 and 420 IPC read with Section 109 of the Karnataka Co-operative Societies Act, 1959. The allegations are that the petitioner and others being the Directors and Office bearers of Hemagiri Multipurpose Co-operative Society, Kamakshipalya, Bengaluru, have misused their position as such and have collected huge amount from the customers on the assurance that the said amount would be returned along with attractive interest, etc. As the same was not returned to the customers, the customers have lodged a complaint to the Registrar of Co-operative Societies and on enquiry, the Registrar of Co-operative Societies came to the conclusion that there was misappropriation of funds by the Directors of the said Society. Therefore, he lodged a complaint to the Police. On the basis of the same, FIR has been registered and police investigated the matter.
3. There is no specific role as such available as on the date so far as this petitioner is concerned. Other Directors were already released on bail by this Court in various criminal petitions.
4. Under the above said circumstances, in my view, petitioner is also entitled to be enlarged on bail on conditions. 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.307/2019 of Kamakshipalya Police Station, Bengaluru, subject to the 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 shall execute personal bond for a sum of Rs.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 the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark her attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE PKS