Karnataka High Court
Shri. Sikandar S/O Rajesab Palled vs The State Of Karnataka on 5 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:2457
CRL.P No. 100218 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100218 OF 2024 (438)
BETWEEN:
1. SHRI SIKANDAR S/O. RAJESAB PALLED,
AGE: 35 YEARS, OCC. BUSINESS,
R/O. TADAS, TQ. SHIGGAON,
DIST. HAVERI-581212.
2. SHRI MANJUNATH
S/O. VIRUPAXAPPA NANJAPPANAVAR,
AGE: 34 YEARS, OCC. AGRICULTURE,
R/O. TADAS, TQ. SHIGGAON,
DIST. HAVERI-581212.
3. SHRI PRABHU
S/O. SHEKHAPPA NANJAPPANAVAR,
AGE: 30 YEARS, OCC. BUSINESS,
Digitally
VIJAYALAXMI signed by
M BHAT VIJAYALAXMI
M BHAT
R/O. TADAS, TQ. SHIGGAON,
DIST. HAVERI-581212.
4. SHRI RAMESH
S/O. SAMBHOJI DANVENAVAR,
AGE: 30 YEARS, OCC. AGRICULTURE,
R/O. TADAS, TQ. SHIGGAON,
DIST. HAVERI-581212.
5. SHRI BASAVARAJ
S/O. MALLAPPA MADANABHAVI,
AGE: 49 YEARS, OCC. P.D.O,
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NC: 2024:KHC-D:2457
CRL.P No. 100218 of 2024
R/O. TADAS, TQ. SHIGGAON,
DIST. HAVERI-581212.
6. SHRI BASAVANNEPPA
S/O. SIDDAPPA MALLANNANAVAR,
AGE: 43 YEARS, OCC. COMPUTER OPERATOR,
AT GRAM PANCHAYAT TADAS,
R/O. MUGALI, TQ. SHIGGAON,
DIST. HAVERI-581205.
...PETITIONERS
(BY SRI SHIVASAI M. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH TADAS POLICE STATION,
SHIGGAON CIRCLE, HAVERI,
REPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT. DHARWAD-580011.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF
CR.P.C., SEEKING TO ORDER RELEASE THE PETITIONERS
/ ACCUSED NOS. 1 TO 6 ON ANTICIPATORY BAIL IN FIR
CRIME NO.100/2023 REGISTERED BY TADAS POLICE
STATION AT HAVERI FOR THE OFFENCES PUNISHABLE
U/S 420, 406, 409, 471, 504, 506 R/W SECTION 149 OF
IPC 1860.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:2457
CRL.P No. 100218 of 2024
ORDER
1. Accused Nos.1 to 6 in Crime No.100/2023 registered by Tadas police station, Haveri for the offences punishable under Sections 420, 406, 409, 471, 504, 506 read with Section 149 of IPC are before this Court under Section 438 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.100/2023 was registered by Tadas police station, Haveri against the petitioners herein for the aforesaid offences on the complaint of Smt.Rajiya Aralikatti dated 16.12.2023. Apprehending arrest in the said case, petitioners had filed Crl.Misc.No.932/2023 before the Court of the I Addl. District and Sessions Judge, Haveri, which was rejected on 29.12.2023. Therefore, they are before this Court.
4. Learned counsel for the petitioners reiterating the grounds urged in the petition submits that petitioners No.1 to 4 are the elected members of Gram Panchayat and petitioners No.5 and 6 are the employees of the Gram -4- NC: 2024:KHC-D:2457 CRL.P No. 100218 of 2024 Panchayat. Adhyaksha for extraneous reasons has filed complaint. Petitioners have no criminal antecedents. Accordingly, prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the bail application. She submits that investigation in the case is under progress. In the complaint, there is allegation of huge fraud and misappropriation. Accordingly, she prays to dismiss the petition.
6. From a reading of the averments made in the complaint, it appears that on 03.10.2023 itself the complainant had filed a written complaint to the Deputy Commissioner and also to the Chief Executive Officer of the Zilla Panchayat, Haveri making allegation against the petitioners about fraud and misappropriation of the funds belonging to the Panchayat.
7. In the complaint, it is further averred that after the complainant had made such a written complaint to the -5- NC: 2024:KHC-D:2457 CRL.P No. 100218 of 2024 Deputy Commissioner and Chief Executive Officer of Zilla Panchayat, the petitioners herein have threatened and criminally intimidated the complainant. It is further averred in the complaint that on 01.12.2023 the petitioners herein had threatened the complainant and as a result she suffered health problems and was admitted in the hospital. Complainant has already made a complaint to the Deputy Commissioner as well as Chief Executive Officer of Zilla Panchayat who are the competent authorities to enquire into the alleged fraud and misappropriation committed by the petitioners herein who are the elected members and employees of the Gram Panchayat. Pending enquiry of such complaint, a fresh Police complaint has been lodged by the complainant on 16.12.2023 alleging that on 01.12.2023, the petitioners herein have threatened her with dire consequences to her life and as a result, she had suffered health problem and was admitted in the hospital. The incident had allegedly taken place on 01.12.2023, but belatedly complaint was lodged on 16.12.2023. The delay of 15 days in lodging the -6- NC: 2024:KHC-D:2457 CRL.P No. 100218 of 2024 complaint is not properly explained. It is not in dispute that petitioners are elected members and employees of the Gram Panchayat and considering the nature of allegations in the complaint as well as the fact that already a complaint is lodged by the complainant herein before the competent authority with regard to alleged fraud and misappropriation committed by the petitioners, I am of the view that the prayer made by the petitioner for grant of anticipatory bail is required to be answered in the affirmative. Accordingly the following:
ORDER Petition is allowed.
The petitioners/accused Nos.1 to 6 are directed to be enlarged on bail in the event of their arrest in Crime No.100/2023 registered by Tadas Police Station, Haveri District for the offences punishable under Sections 420, 406, 409, 471, 504 and 506 read with Section 149 of IPC, subject to the following conditions: -7-
NC: 2024:KHC-D:2457 CRL.P No. 100218 of 2024 i. Petitioners/accused Nos.1 to 6 shall execute a personal bond for a sum of Rs.1,00,000/- each with 01 surety for the like-sum to the satisfaction of the Investigating Officer.
ii. Petitioners/accused Nos.1 to 6 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
iii. Petitioners/accused Nos.1 to 6 shall not tamper with the prosecution witnesses either directly or indirectly.
iv. Petitioners/accused Nos.1 to 6 shall co-
operate with the Investigating Officer for the purpose of investigation in the case.
Sd/-
JUDGE KGK/CKK List No.: 1 Sl No.: 37