Sri Veeragowda Patil vs The State By Bmtf Police on 24 March, 2015

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Karnataka High Court

Sri Veeragowda Patil vs The State By Bmtf Police on 24 March, 2015

Bench: A.V.Chandrashekara

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 24TH DAY OF MARCH, 2015

                         BEFORE

    THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

              CRIMINAL PETITION No. 1271/2015
BETWEEN:
  1. Sri Veeragowda Patil,
     Son of Shivanagowda Patil,
     Aged about 40 years,
     Working as Chief Accountant Officer,
     BBMP, Bengaluru,
     R/at No.32, PWD Quarters,
     KHB Main Road, K.B. Sandra,
     R.T. Nagara,
     Bengaluru-560 032.

  2. S.C. Rajshekaraiah,
     Son of Channabasappa,
     Aged about 57 years,
     Working as Accountant
     Superintendent BBMP.,
     Bengaluru,
     R/at No.1145, Beside Government,
     1st Grade College,
     Chikkaballapura,
     Chikkaballapura District,
     Pin-562 101.                     ...PETITIONERS

(By Sri. A.V. Ramakrishna, Advocate)

AND:

The State by B.M.T.F. Police Station,
Bengaluru, Rep by its
                             2



State Public Prosecutor
High Court of Karnataka
High Court Building,
Bangalore-560 001.                       ... RESPONDENT

(By Sri B.J. Eshwarappa, HCGP)
                               ...
      This Criminal Petition is filed under Section 438 of
Cr.P.C., by the advocate for the petitioners praying to
enlarge the petitioners on bail in the event of their
arrest in Crime No.3/2015 of Bengaluru Metropolitan
Task Force Police Station, Bengaluru City for the
offences punishable under Sections 441 of KMC Act,
1976 and 217, 409, 420, 468, 471, 120(B) of IPC.

      This Criminal Petition coming on for orders this
day, the Court made the following:-

                          ORDER

Heard the learned Counsel for the petitioners and the learned HCGP.

2. Petitioners are accused Nos.1 and 3 in Crime No.3/2015 pending on the file of the Bengaluru Metropolitan Task Force Police Station, Bengaluru City. The offences alleged against them are punishable under Sections 441 of KMC Act, 1976 and Sections 217, 409, 420, 468, 471, 120(B) of IPC. They are apprehending 3 arrest at the hands of the respondent/police. Hence, they have filed this application under Section 438 Cr.P.C. seeking anticipatory bail.

3. The learned Government Pleader has vehemently opposed the bail application on the ground that huge amount has been mis-used by these petitioners/accused in this case and they are required for custodian for interrogation. Hence, requested the Court to dismiss the bail application.

4. Per contra, learned Counsel for the petitioners has referred to the registration of an earlier case against these petitioners in Crime No. 415/2014 on the file of the Halasurgate Police Station, Bengaluru City under Section 420 IPC. On the basis of the complaint lodged by the Deputy Commissioner (Administrative), BBMP dated 4.12.2014 a case has been registered against these petitioners relating to mis-use of 4 Rs.49,52,47,816/- regarding 147 civil works in various places of Bengaluru City.

5. On going through the complaint dated 4.12.2014 and the present first information dated 3.12.2014 filed by Sri N.R. Ramesh, the leader of the ruling party in BBMP, the allegations appears to be identical. The petitioners have already been released on bail under Section 438 Cr.P.C., by the FTC-I, Bengaluru City, in Crl.Misc.No. 7544/2014 dated 5.1.2015. The petitioners have undertaken to obey any conditions which may be imposed on them and they are the permanent residents of Bengaluru City having roots in the community. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions.

6. Accordingly, petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions:

a) That the petitioners shall surrender before the I.O. of the jurisdictional police station or on before 15.4.2015 and in such event, they shall be released on bail on their executing a personal bond in a sum of Rs. 2 lakhs each with one surety for the like sum to the satisfaction of the I.O.

b) That the petitioners shall co-operate with the I.O. for conducting investigation;

c) That the petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner;

d) That the petitioners shall not involve in any criminal activities;

e) That the petitioners shall appear before the respondent - police station once in a month on every second Sunday between 9.00 a.m. and 5.00 p.m. without fail for a period of one year from 15.4.2015.

f) If any of the petitioners violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

Sd/-

JUDGE Nsu/-

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