Karnataka High Court
Mahammad Fiaz vs The State Of Karnataka on 8 November, 2017
Author: K.Somashekar
Bench: K. Somashekar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 08TH DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRIMINAL PETITION NO.102038/2017
BETWEEN
Mohammad Fiaz S/o: D.M.Riaz,
Age: 37 Years, Occ: Govt. Servant,
R/o: Koppal, Tq & Dist: Koppal.
.......Petitioner
(By Sri B.C.Jnanayya Swami, Advocate )
AND:
The State of Karnataka
(Through Alawandi P.S. Koppal Dist.),
Represented by its
State Public Prosecutor
High Court of Karnataka,
Bench at Dharwad.
........Respondent
(By Sri Praveen.K Uppar, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., seeking to allow this petition and enlarge the
petitioner on Regular Bail in Cri.No.80/2017 Alawandi Police
Station, Koppal District, for the offences 465, 468, 471,
477(A), 409 r/w 34 of IPC, pending investigation and trial of
the case.
2
This petition coming on for Orders this day, the court
made the following:
ORDER
This petition has been filed by the petitioner under Section 439 of Cr.P.C. for his release on regular bail in Crime No.80/2017 of Alawandi Police Station, registered for the offence punishable under Sections 465, 468, 471, 477(A), 409 r/w 34 of IPC. Since from the date of his arrest, the accused is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.
2. Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.
3. Whereas in the complaint it reveals that on the filing of the complaint by the District Health Officer, at Koppal, who has filed a complaint before the Superintendent of Police Koppal against the accused alleging that the accused has misused the amount in a sum of Rs.1,01,86,246/-, after receipt of a complaint by the complainant DHO, the crime 3 came to be registered and thereafter proceed with the case for investigation. Further it is alleged that, the accused who is working as a Medical Lab Technologist at Hiresindogi Primary Health Center, as there was some allegations are made against the petitioner that he misused the amount, for that reason the Chief Executive Officer Zilla Panchayat Koppal, who has appointed two enquiry officers and also Dr. Ramanjanyya Taluka Medical Officer and Shri Parasappa Accountant of Zilla Panchayat, after conducting the enquiry they submitted the report. As per the report, the accused/petitioner who has created the fake bills in the name of fake employees by committing the offence. However, subsequent to registering the crime against the accused, the case is still under investigation by the investigating officer by recording statement of witness as well as conducting mahazar. It is further contended that the accused is an innocent person and he has not at all committed the alleged offences, merely because the complaint filed by the complainant, DHO, the crime came to be registered against the accused/petitioner alleging that the accused has 4 misappropriated the amount to the tune of Rs.1,01,86,246/-, who is working as a Medical Lab Technologist at Hiresindogi Primary Health Center, who hails from the respectable family and having respect in the eye of Society. Moreover, the accused is ready to abide by any terms and conditions imposed by this Court, while granting bail to him. It is further contended that, since from the date of arrest the accused in judicial custody, who is having family consisting his wife. If the accused is kept behind the bar for a longer period, the family member would be ruined in the society. Therefore, praying to enlarge the petitioner on bail.
4. Per contra, the learned HCGP for the respondent- State during the course of arguments contended that, on the filing of the complaint by the complainant, being the District Health Officer Koppal, the crime came to be registered against the accused/petitioner, who misappropriated the huge amount which is reflected in the FIR and also specifically stated in the complaint which is filed by the DHO of Koppal District. Subsequent to the filing of the complaint, the case in Crime No.80/2017 has been registered and proceed with 5 the case for investigation which is still under investigation against the accused/petitioner for the alleged offences. On all these grounds, the learned HCGP is seeking for rejection of the bail petition.
5. Having regard to the contentions taken by the learned counsel for the petitioner as well as the learned HCGP for the respondent-State are concerned, regarding the substances of the allegation made in the complaint and so also reflected in the FIR which is recorded by the police on the filing of the complaint by the DHO the case in Crime NO.80/2017 has been registered for alleging that the accused was created fake documents and also misappropriated the huge amount. However, subsequent to the registration of the crime the case is still under investigation by the Investigating Officer by recording the statement of witnesses and so also by securing the documents relating to the complicity of the crime which is narrated in the complaint as well as the narration in the FIR. Therefore, at this stage it is said that it does not require any detail discussion while considering the bail petition filed by the petitioner, as there are substance in the 6 contention of the learned counsel for the petitioner seeking for the relief of bail.
6. Whereas, the learned HCGP submits that, if the accused is supposed to be released on bail, certainly he would come in the way of prosecution case and destroy the evidence. 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 and as well as the circumstances of the case, I am of the considered opinion that the petitioner deserves for grant of bail. Accordingly, I proceed to pass the following:
ORDER The bail petition filed by the petitioner under Section 439 of Cr.P.C. is hereby allowed subject to the following conditions:
(1) The accused/petitioner shall execute a bond in a sum of Rs.1,00,000/- with likesum two sureties to the satisfaction of the Civil Judge & JMFC, Koppal, where the case in Crime.No.80/2017 is pending.7
(2) The accused/petitioner shall co-operate with the Investigating Officer during investigation, if necessary.
(3) The accused/petitioner shall not tamper or hamper the case of prosecution witnesses.
(4) The petitioner shall mark his attendance before the concerned SHO once in fortnight as per the English monthly calendar in between 10:00 a.m. and 5:00 p.m. for a period of three months.
(5) The accused/petitioner shall not indulge with any criminal activities henceforth.
If the petitioner violates any of the above conditions, the bail order shall automatically stands ceased.
Sd/-
JUDGE msr