Karnataka High Court
Channappa S/O Suresh Agdi vs The State Through on 26 April, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200502/2017 C/W
CRIMINAL PETITION Nos.200503/2017, 200504/2017,
200505/2017, 200545/2017 & 200546/2017
In Crl.P.No.200502/2017:
Between:
Channappa S/o Suresh Agdi
Age: 28 years, Occ: Private Work (Business)
R/o Town Humnabad
Presently residing at Nawbad, Bidar
... Petitioner
(By Sri Baburao Mangane, Advocate)
And:
The State through
New Town Police, Bidar
Represented by
Addl. Public Prosecutor
High Court of Karnataka
Kalaburagi Bench - 585 107
... Respondent
(By Sri Prakash Yeli, Addl. SPP.)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the bail petition and release the
petitioner on bail in Crime No.242/2016 of New Town Police
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Station, Bidar, which is registered for the offences
punishable under Sections 120-B, 406, 409, 419, 420, 467,
468 r/w Sec. 149 of IPC.
In Crl.P.No.200503/2017:
Between:
Channappa S/o Suresh Agdi
Age: 28 years, Occ: Private Work
R/o Town Humnabad
Presently residing at Nawbad, Bidar
... Petitioner
(By Sri Baburao Mangane, Advocate)
And:
The State through
New Town Police Station, Bidar
Represented by SPP
High Court Bench, Kalaburagi
... Respondent
(By Sri Prakash Yeli, Addl. SPP.)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the bail petition and release the
petitioner on bail in Crime No.241/2016 of New Town Police
Station, Bidar, which is registered for the offences
punishable under Sections 120-B, 406, 409, 419, 420, 467,
468 r/w Sec. 149 of IPC.
In Crl.P.No.200504/2017:
Between:
Channappa S/o Suresh Agdi
Age: 28 years, Occ: Private Work/Business
3
R/o Town Humnabad
Presently residing at Nawbad, Bidar
... Petitioner
(By Sri Baburao Mangane, Advocate)
And:
The State through
New Town Police Station, Bidar
Represented by SPP
High Court of Karnataka
Kalaburagi Bench
Kalaburagi - 585 101
... Respondent
(By Sri Prakash Yeli, Addl. SPP.)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the bail petition and release the
petitioner on bail in Crime No.243/2016 of New Town Police
Station, Humnabad, Dist. Bidar, which is registered for the
offences punishable under Sections 120-B, 406, 409, 419,
420, 467, 468 r/w Sec. 149 of IPC.
In Crl.P.No.200505/2017:
Between:
Channappa S/o Suresh Agdi
Age: 28 years, Occ: Private Work
R/o Town Humnabad
Presently residing at Nawbad, Bidar
... Petitioner
(By Sri Baburao Mangane, Advocate)
And:
The State through
New Town Police, Bidar
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Represented by SPP
High Court of Karnataka
Kalaburagi Bench
Kalaburagi - 585 101
... Respondent
(By Sri Prakash Yeli, Addl. SPP.)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the bail petition and release the
petitioner on bail in Crime No.240/2016 of New Town Police
Station, Bidar, which is registered for the offences
punishable under Sections 406, 409, 419, 420, 467, 468,
r/w Sec. 34 of IPC.
In Crl.P.No.200545/2017:
Between:
Channappa S/o Suresh Agdi
Age: 28 years, Occ: Business
R/o Town Humnabad
Now residing at Naubad, Bidar
... Petitioner
(By Sri Baburao Mangane, Advocate)
And:
The State through
New Town Police Station, Bidar
Represented by SPP
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri Prakash Yeli, Addl. SPP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the bail petition and release the
petitioner on bail in Crime No.223/2016 of New Town Police
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Station, Bidar, which is registered for the offences
punishable under Sections 406, 409, 419, 420, 467, 468,
120-B r/w Section 149 of IPC.
In Crl.P.No.200546/2017:
Between:
Sandeep S/o Subhash
Age: 34 years, Occ: Business
R/o H.No.17/16
Veerabhadreshwar Mandir
Jherpet, Town Humnabad
Tq. Humnabad, Dist. Bidar
... Petitioner
(By Sri Baburao Mangane, Advocate)
And:
The State through
New Town Police Station, Bidar
Represented by the
State Public Prosecutor
... Respondent
(By Sri Prakash Yeli, Addl. SPP.)
This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to allow the petition and direct the
respondent police to release the petitioner on bail in the
event of his arrest in Crime No.241/2016 of New Town Police
Station, Bidar, which is registered for the offences
punishable under Sections 406, 409, 419, 420, 467, 468,
120-B r/w Sec. 149 of IPC.
These petitions coming on for Orders this day, the
Court made the following:-
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ORDER
Criminal Petition Nos.200502, 200503, 200504, 200505 and 200545 of 2017 are filed by the petitioner/accused Channappa under Section 439 of Cr.P.C., seeking regular bail in Crime Nos.242/2016, 241/2016, 243/2016, 240/2016 and 223/2016 and Criminal Petition No.200546/2017 is filed by the petitioner/accused No.1 Sandeep under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.241/2016 of New Town Police Station, Bidar, registered for the offences punishable under Sections 406, 409, 419, 420, 467, 468 120-B r/w Section 149 of IPC respectively.
2. Brief matrix of the case as per the complaint are that, on 08.12.2016 one Sri Ramesh lodged a written complaint alleging that he is working as Assistant Teacher in a Government High School at Belakera, Tq. Humnabad, Dist. Bidar and he became a member of Anand Rathi Shares and Stock Brokers Ltd., 7 Mumbai on 14.07.2014. He was given permanent Account No.GBN 28 R 015 and for having the business, the said company has opened the branch at Bidar and accused No.1 was the franchise. It is further alleged that on 14.07.2014, during the course of business, the complainant issued a cheque of Rs.1.5 lakhs in the name of Anand Rathi Shares and Stock Brokers Ltd. Mumbai to accused Nos.1 and 2 and at that time he had a Bank account with Axis Bank, Bidar. It is further alleged that instead of sending the said cheque to Anand Rathi Shares and Stock Brokers Ltd. Mumbai, accused Nos.1 and 2 together created a false account with the active convince of the President and staff members of Kalyan Pattin Souhardha Sangha Niyamit, Bidar in the name of Anand Rathi Shares and Stock Brokers Ltd. and all the accused persons have misappropriated the said amount and he came to know through the newspaper that the accused have cheated the investors. Thereafter, he checked his account in 8 Axis Bank, Bidar and he came to know that his cheque has been encashed through Kalyan Pattin Souhardha Sangha Niyamit, Bidar and in that the accused cheated the complainant. On the basis of the said complaint, a case has been registered against the accused persons.
3. I have heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioners are that the complaint does not disclose the name of the petitioners and prima facie there are no allegations as against the petitioners. It is also contended that the alleged offences are exclusively triable by the Court of Magistrate and are not punishable with death or imprisonment for life. It is further contended that no purpose will be served by keeping the petitioners behind the bars. Further, it is contended that in pursuance of the order passed by this 9 Court earlier, the other accused persons have been released on bail and on the ground of parity, the petitioners also entitled to be released on bail. It is further contended that the police have yet to file the charge sheet and investigation may take some more time. It is further contended that the petitioners are the permanent residents of Humnabad and they have got both movable and immovable properties, therefore, there is no chance of they being absconded. It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petitions.
5. On the contrary, learned Additional State Public Prosecutor appearing for the respondent-State would contend that petitioner No.1 is the main accused who encouraged accused No.2 to cheat the complainant and other persons. The investigation is in progress and 10 Crores of rupees has been misappropriated by the petitioners by cheating the general public and misused the public fund. He would also contend that the petitioners have misappropriated the public fund and there are serious allegations of misappropriation of public funds. Under such circumstances, it is considered to be an economical offence against the public at large. Under such circumstances, the Court must be sparingly exercise the power and grant the bail to such persons. He would further contend that at this juncture, if the petitioners are released on bail, they may tamper with the prosecution witnesses, they may abscond and they may not be available for trial. On these grounds, he prays for dismissal of the petitions.
6. I have gone through copy of the complaint and other material produced along with the petitions.
7. As could be seen from the records, there is allegation against the petitioners that the petitioners 11 along with other accused persons by representing themselves as the sharers of Anand Rathi Shares and Stock Brokers Ltd. Mumbai and by representing the public, they have opened the branch at Bidar and thereafter when the public have issued the cheque, by creating a false account in Kalyan Pattin Souhardha Sangha Niyamit, Bidar, they have misappropriated the funds. Though the learned counsel for the petitioners brought to my notice that this Court in Criminal Petition No.201329/2016 has granted anticipatory bail to one Sandeep S/o Subhash in Crime No.223/2016, but now the entire facts and material have been brought out at the time of hearing how the accused persons have misappropriated the huge funds of the public by cheating. In this behalf, I want to place on record that the Court has to apply its absolute mind to the facts of the case in order to determine whether a prima facie case has been made out by the prosecution by the records produced in this behalf. In assessing its fact, it 12 is not necessary for the Court to take into consideration the entire facts of the case and full material. But, by going through the records if there is allegation to the effect that the accused persons have misappropriated the funds by cheating public, under such circumstances, the act of the accused persons are considered to be serious and it is a serious allegation of misappropriation of public funds, corruption and the investigation has to be made in detail. Under such circumstances, it is not just and proper to release the accused on bail. It has been held in the decision of CHANDRAKANTH Vs. STATE OF MAHARASHTRA AND ANOTHER reported in (2016) 1 SCC 146 that Misappropriation of public funds and corruption - Requirement of custodial interrogation - Investigation not being able to progress without - Cancellation of anticipatory bail, under such circumstances the bail has to be sparingly granted.
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8. Keeping in view the above said facts and circumstances, I am of the considered opinion that when the charge sheet has not yet been filed and investigation is in progress and that too public money to the extent of lacks together is misappropriated by the accused, under such circumstances, I feel that it is not just and proper to exercise the power under Section 438 or 439 of Cr.P.C. for granting bail.
Keeping in view the above said facts and circumstances, the petitions are dismissed. However, the liberty is reserved to the petitioners to move the bail applications after the charge sheet is filed.
Sd/-
JUDGE LG