Karnataka High Court
Sri P Suresh @ Suresh Panugupati vs State Of Karnataka on 14 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:28795
CRL.P No. 6821 of 2023
C/W CRL.P No. 6852 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6821 OF 2023
C/W
CRIMINAL PETITION NO. 6852 OF 2023
IN CRL.P NO. 6821/2023
BETWEEN:
SRI. P. SURESH @ SURESH PANUGUPATI.
SON OF SRI. P.R. SATHYANARAYANAREDDY,
AGED ABOUT 56 YEARS,
RESIDING AT NO. LIG, 84/A,
K.H.B COLONY, NETAJINAGAR,
CANTONMENT, BELLARY - 583 104,
OCC:. CLASS-I CONTRACTOR.
...PETITIONER
(BY SRI. SHRAVAN MADHAV K. P, ADVOCATE)
Digitally
signed by AND:
NANDINI MS
Location:
High Court of
Karnataka STATE OF KARNATAKA,
REPRESENTED BY MOLAKALMURU
POLICE STATION, MOLKALMURU TOWN,
CHITRADRUGA DISTRICT - 577 535,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. K.P YASHODA, HCGP)
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NC: 2023:KHC:28795
CRL.P No. 6821 of 2023
C/W CRL.P No. 6852 of 2023
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.77/2023 OF MOLAKALMURU P.S.,
CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 409, 420,
465, 468, 471 R/W 34 OF IPC ON THE FILE OF THE PRL.CIVIL
JUDGE (JR.DN) AND J.M.F.C COURT, CHITRADURGA DISTRICT.
IN CRL.P NO.6852/2023
BETWEEN:
SRI. K. N. SWAMY,
SON OF LATE SRI. T. K. KRISHNAMURTHY,
AGED ABOUT 48 YEARS,
R/AT NO.497, 5TH MAIN,
5TH CROSS ROAD, DEM AND DEMP,
DCM LAYOUT, DAVANAGERE - 577 004,
OCC: EXECUTIVE ENGINEER,
D.U.D.C, D. C. OFFICE,
CHITRADURGA.
...PETITIONER
(BY SRI. SHRAVAN MADHAV K. P, ADVOCATE)
AND:
STATE OF KARNATAKA,
REPRESENTED BY MOLAKALMURU
POLICE STATION, MOLKALMURU TOWN,
CHITRADURGA DISTRICT - 577 535,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. K.P YASHODA, HCGP)
THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO
ORDER THE OFFICER-IN-CHARGE OF THE MOLKALMURU
POLICE STATION, MOLKALMURU TOWN, CHITRADURGA
DISTRICT, TO ENLARGE THE PETITIONER ON BAIL IN THE
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NC: 2023:KHC:28795
CRL.P No. 6821 of 2023
C/W CRL.P No. 6852 of 2023
EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.77/2023
ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (JR.DN.)
AND JMFC COURT, MOLKALMUR, CHITRADURGA DISTRICT,
FOR THE ALLEGED OFFENCES U/S 409, 420, 465, 468, 471
R/W SEC. 34 OF IPC, 1860, BY IMPOSING ANY CONDITIONS
THAT THIS HONBLE COURT MAY DEEM FIT.
THESE PETITIONS, COMING ON FOR ORDES, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused Nos.5 and 2 in Crime No.77/2023 registered by Molakalmuru Police Station, Chitradurga District for the offences punishable under Sections 409, 420, 465, 468, 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) are before this Court in these two petitions filed under Section 438 of Cr.P.C. seeking the relief of anticipatory bail.
2. Heard the learned counsel for the parties.
3. On the complaint of the Chief Officer of Chitradurga Town Panchayath dated 20.06.2023, FIR in Crime No.77/2023 has been registered by the Molakalmuru Police for the aforesaid offences against five persons. In the said FIR, petitioners herein are arraigned as accused Nos.5 and 2 respectively.
4. In the complaint it is averred that in a meeting, which was held on 02.06.2023 in the presence of local Member -4- NC: 2023:KHC:28795 CRL.P No. 6821 of 2023 C/W CRL.P No. 6852 of 2023 of Legislative Assembly, a decision was taken for holding an enquiry with regard to work concerning drinking water project carried on by the earlier Chief Executive Officer and others, during the year 2021-22.
5. In the complaint it is stated that during verification it was found that towards the work done under the Drinking Water Project during the year 2021-22, though the work was not completed, bills were raised and payments were made by some of the officials of the Town Panchayath and in this regard, a decision was taken to register a criminal case against the persons, who were indulged. Accordingly, a complaint dated 20.06.2023 was lodged by the Chief Executive Officer of the Town Panchayath, which had resulted in registering FIR in Crime No.77/2023.
6. Accused No.5 is the contractor, who had undertaken the work. Accused No.2 is the Assistant Executive Engineer then working in the District Urban Development Cell (DUDC), Chitradurga. Apprehending arrest in the said case, they had approached the Court of the Principal District and Sessions Judge, Chitradurga under Section 438 of Cr.P.C. and -5- NC: 2023:KHC:28795 CRL.P No. 6821 of 2023 C/W CRL.P No. 6852 of 2023 their applications were dismissed on 17.07.2023. Under these circumstances, the petitioners are before this Court.
7. Learned counsel for the petitioner reiterating the grounds urged in the bail petition submits that the complaint is motivated and out of vengeance the complaint is filed. He further submits that the present Chief Executive Officer, at the instance of the Local Member of Legislative Assembly has filed this complaint.
8. Per contra, the learned HCGP has opposed the bail petition contending that custodial interrogation of the petitioners is required and therefore, they are not entitled for relief of anticipatory bail.
9. From the complaint averments it is seen that the allegation in respect of the work that was carried out in the year 2021, pursuant to the tender called for carrying the work of providing drinking water to the Pattana Panchayat, accused No.5, who was the successful bidder, was awarded contract for Rs.23,51,000/- and according to the learned counsel for the petitioner, the work was completed in the month of July 2021 itself. In respect of the said work, allegation is now made that though the work was not completed satisfactorily, the officials -6- NC: 2023:KHC:28795 CRL.P No. 6821 of 2023 C/W CRL.P No. 6852 of 2023 have prepared bills and also paid the amount to accused No.5 - the Contractor.
10. Accused No.5 is a Class I contractor and accused No.2 is an Assistant Executive Engineer. The allegations made against the accused persons are based on the documents which are available with the complainant. Considering the fact that the allegations are made in respect of the work which has been completed in the year 2021 itself and having regard to the fact that the entire documents are available in the custody of the complainant, I am of the view that the petitioners' case for grant of anticipatory bail is required to be considered affirmatively. Accordingly, the following:
ORDER The Criminal Petitions are allowed. The respondent - Police or any other Police in the State of Karnataka are directed to release the petitioners/accused Nos.5 and 2 in the event of their arrest in Crime No.77/2023 registered by Molakalmuru Police Station, Chitradurga District for the offences punishable under Sections 409, 420, 465, 468, -7- NC: 2023:KHC:28795 CRL.P No. 6821 of 2023 C/W CRL.P No. 6852 of 2023 471 read with Section 34 of IPC, subject to the following conditions:
1. Petitioners/accused Nos.5 and 2 shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. Petitioners/accused Nos.5 and 2 shall regularly appear before the trial Court without fail unless exempted by the trial Court for valid reasons.
3. Petitioners/accused Nos.5 and 2 shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before the Investigating Officer whenever called upon till filing of final report.
SD/-
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