Karnataka High Court
Dr.Harihara Maheshappa S/O ... vs The State Of Karnataka on 16 August, 2018
Author: K.Somashekar
Bench: K. Somashekar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 16TH DAY OF AUGUST 2018
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRL.P.NO.101327/2018 C/W
CRL.P.Nos.101328/2018, 101063/2018 & 101064/2018
IN CRL.P NO 101327 OF 2018
BETWEEN
DR.HARIHARA MAHESHAPPA
S/O SRI.H.GONIBASAPPA,
AGED ABOUT 64 YEARS,
EX.VICE CHANCELLOR,
VISHWARAYA TECHNOLOGY UNIVERSITY,
GNANA SANGAMA, BELAGAVI,
R/O: H.NO.544, SANTRUPTHI,
60FT. ROAD, VIDYANAGAR "A" BLOCK,
HARIHAR,
DAVANAGERE DISTRICT.
..... PETITIONER
(BY SRI S.M. CHANDRASHEKAR, SR. COUNSEL FOR
SRI MAHESH WODEYAR, ADV.)
AND
THE STATE OF KARNATAKA
BELAGAVI RURAL POLICE STATION,
BELAGAVI
REP. BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD.
..... RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO ALLOW THE ABOVE PETITION AND
DIRECT THE RESPONDENT HEREIN TO RELEASE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF ARREST
IN RESPECT OF CRIME NO.69/2018 REGISTERED WITH
BELAGAVI RURAL POLICE STATION, BELAGAVI, UNDER
SECTIONS 406, 408, 420, 465, 468, 470, 471, 477(A) OF THE
IPC.
CRL.P NO 101328 OF 2018
BETWEEN
DR.K.E. PRAKASH,
AGE:57 YEARS,
EX.REGISTRAR,
VISVESVARAYA TECHNOLOGICAL UNIVERSITY,
GNANA SANGAMA, BELAGAVI,
R/O. H.NO.301,ABHIMAN MANSION,
BEJAI CHURCH ROAD,
MANGALORE-575004.
..... PETITIONER
(BY SRI S.M. CHANDRASHEKAR, SR. COUNSEL FOR
SRI MAHESH WODEYAR, ADV.)
AND
THE STATE OF KARNATAKA
BELAGAVI RURAL POLICE STATION,
BELAGAVI
REP. BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD.
..... RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO ALLOW THE ABOVE PETITION AND
DIRECT THE RESPONDENT HEREIN TO RELEASE THE
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PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF ARREST
IN RESPECT OF CRIME NO.69/2018 REGISTERED WITH
BELAGAVI RURAL POLICE STATION, BELAGAVI, UNDER
SECTIONS 406, 408, 420, 465, 468, 470, 471, 477(A) OF THE
IPC.
CRL.P NO 101063 OF 2018
BETWEEN
SAIFAHMED S/O SAYED TALLUR,
AGED ABOUT: 43 YEARS,
R/O: CTS NIO.43/2A
BAUXITE ROAD,
AZAM NAGAR, BELAGAVI,
DIST: BELAGAVI.
..... PETITIONER
(BY SRI S.M. CHANDRASHEKAR, SR. COUNSEL FOR
SRI MAHESH WODEYAR, ADV.)
AND
THE STATE OF KARNATAKA
BELAGAVI RURAL POLICE STATION,
BELAGAVI
REP. BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD.
..... RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO ALLOW THE ABOVE PETITION AND
DIRECT THE RESPONDENT HEREIN TO RELEASE THE
PETITIONER/ACCUSED NO.4 ON BAIL IN THE EVENT OF ARREST
IN RESPECT OF CRIME NO.69/2018 REGISTERED WITH
BELAGAVI RURAL POLICE STATION, BELAGAVI, UNDER
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SECTIONS 406, 408, 420, 465, 468, 470, 471, 477(A) OF THE
IPC.
CRL.P NO 101064 OF 2018
BETWEEN
SRI. MAHANTESH
S/O CHANABASAPPA HOSAPETI,
AGED ABOUT: 43 YEARS,
R/O: CHIDAMBAR NAGAR 5TH CROSS,
TILAKWADI, BELAGAVI,
DIST: BELAGAVI.
..... PETITIONER
(BY SRI S.M. CHANDRASHEKAR, SR. COUNSEL FOR
SRI MAHESH WODEYAR, ADV.)
AND
THE STATE OF KARNATAKA
BELAGAVI RURAL POLICE STATION,
BELAGAVI
REP. BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD.
..... RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO ALLOW THE ABOVE PETITION AND
DIRECT THE RESPONDENT HEREIN TO RELEASE THE
PETITIONER/ACCUSED NO.3 ON BAIL IN THE EVENT OF ARREST
IN RESPECT OF CRIME NO.69/2018 REGISTERED WITH
BELAGAVI RURAL POLICE STATION, BELAGAVI, UNDER
SECTIONS 406, 408, 420, 465, 468, 470, 471, 477(A) OF THE
IPC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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COMMON ORDER
The petitions in Crl.P.No.101327/2018 is filed by the accused No.1, Crl.P.No.101328/2018 is filed by the accused No.2, Crl.P.No.101063/2018 is filed by the accused No.4 & Crl.P.No.101064/2018 is filed by the accused No.3 under Section 438 of Cr.P.C. in Belagavi Rural Police Station Crime No.69/2018 for the offences punishable under Section 420, 406, 408, 470, 471, 465, 477A & 468 of IPC, 1860. Therefore, learned counsel for the petitioners praying to enlarge them on bail in the event of their arrest by the Police amongst other grounds urged therein. These petitions arise out of the same set of crime number and therefore, they are heard together and disposed of by this common order.
2. Heard the learned Senior Counsel for the petitioners and also learned H.C.G.P. for the State.
3. The Fact matrix of the case are as under:
The Registrar of Visveswarawyya Technological University, Belagavi has filed a complaint against the Ex. Vice Chancellor and other employees of the University :6: being the accused alleging that the incident was occurred in the month of January, 2013, at that time, the petitioner- accused Dr. Harihara Maheshappa was the Vice Chancellor of the University and Dr. K.E. Prakash was the Registrar- cum-Finance Officer, accused Nos.3 to 8 were the employees of the University who involved in preparing the salary bills and accused Nos.9 to 26 have received a sum of Rs.9,00,000/- i.e., Rs.58,000/- each by way of Demand Draft, not being the Guest Faculties. It is further alleged in the complaint that accused Nos.1 and 2 in collusion with the accused Nos.3 to 8 have disbursed a sum of Rs.9,00,000/- to the accused Nos.9 to 26, though they have not worked as Guest Faculties and caused loss to the University. Based upon the complaint filed by the Registrar of University, a case came to be registered in Crime No.69/2018 by the respondent-Police. Thereafter, the Investigating Officer proceeded with the case for investigation.
4. Learned Senior Counsel for the petitioners has taken me through the accusation made in the complaint :7: that the accused have committed dishonestly delivered the property, mischief, falsification and causing disappearance of evidence and so also destruction of documents, forgery and making false documents for the purpose of misappropriation of a sum of Rs.9,00,000/-. It is stated that paragraph 5 of the complaint reveals that the salary of the Guest Faculty of the University working in different Post Graduate Centres during the said relevant period was made by transferring the money from the University's account maintained with State Bank of Mysore. It is submitted that the complainant-Registrar was one of the members of the Executive Council of the Univesity during the tenure of the accused No.1. As the complainant was not cooperative and creating ruckus in the council meeting, the accused No.1 who was Vice Chancellor of the University reported the same to the Chancellor. Based on the report, the complainant-Registrar was removed from the Executive Council. Thereafter, he challenged the same in W.P.NO.41602/2012 and C.C.C.No.326/2013 before this Court and both petitions came to be dismissed. Therefore, to avenge the actions of the petitioner-accused No.1, :8: complainant has filed the complaint against the accused in order to harass them and also contended that the allegation made in the complaint are far away from the truth of the facts. He further submits that the petitioners are innocent persons and hail from respectable families. They have high respect in the society. The Police are making hectic efforts to arrest these petitioners. Moreover, the petitioners are ready to abide by any condition imposed by this Court while granting bail to them. On all these grounds urged by the learned Senior Counsel seeks anticipatory bail.
5. Per contra, learned Government Pleader opposes the bail petitions filed by the petitioner/accused respectively wherein loss of a sum of Rs.9,00,000/- to the University by cheating and creating false documents, the same has been revealed in the complaint. The case is still under investigation and moreover, accused were absconding since from the date of complaint, that itself indicates that there are prima facie material against the accused. On all these grounds, learned Government :9: Pleader seeks for dismissal of the petitions filed by the accused.
6. Having regard to the contentions taken by the learned Senior Counsel for the petitioners are concerned, it is relevant to state that Dr.H.N. Jagannath Reddy being the Registrar of Visvesvarayya Technological University has filed a complaint before the respondent-Police alleging that the incident has occurred in the month of January, 2013 but the complaint came to be filed by him on 28.03.2018. Accused No.1 Dr. Harihara Maheshappa was working as Vice Chancellor of the said University from 01.07.2010 till 14.03.2016. Whereas the allegation made against the petitioners is that the petitioners-accused and other accused have caused loss of a sum of Rs.9,00,000/- to the University by paying the same to the persons who have not worked as Guest Faculties and also arraigned as accused. The case is still under investigation by the Investigating Officer and it requires to recording the statements of witnesses and also securing the material documents. Therefore, at this stage, it does not require any detail discussion while considering the bail petition : 10 : filed by the petitioners, as there are substances in the contention of the learned counsel for the petitioners in seeking the relief of bail and at this stage, it cannot be said that there are enough materials to decline the bail. Whereas the learned HCGP submits that if the petitioners are supposed to be released on bail, certainly they would come in the way of prosecution case and destroy the evidence. As this apprehension expressed by the learned HCGP could be curtailed by imposing certain suitable conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons as well as in the circumstances of the case, I am of the considered opinion that the petitioners deserve for bail. Hence, I proceed to pass the following:
ORDER The petitions in Crl.P.No.101327/2018 filed by the petitioner-accused No.1, Crl.P.No.101328/2018 filed by the petitioner-accused No.2, Crl.P.No.101063/2018 filed by the petitioner-accused No.4 & Crl.P.No.101064/2018 filed by the petitioner-accused No.3 under Section 438 of Cr.P.C. are allowed, subject to the following conditions: : 11 :
(1) The above petitioners/accused shall appear before the Investigating Officer in Belagavi Rural Police Station Crime No.69/2018 within a period of two weeks from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.1,00,000/- each with surety for the like sum to the satisfaction of him, in the event of their arrest.
(2) The petitioners shall co-operate with Investigating Officer during the course of investigation.
(3) The petitioners shall not tamper or
hamper the case of prosecution
witnesses.
(4) The petitioners shall not indulge with any other criminal activities henceforth.
If the petitioners violate any of the conditions, the bail order shall automatically stand ceased.
SD/-
JUDGE Naa