Karnataka High Court
Basavaraj S/O Channappa Totaganti vs The Police Inspector on 7 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103722 of 2022
c/w CRL.P.No. 103734 OF 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103722 OF 2022
c/w CRIMINAL PETITION NO. 103734 OF 2022
IN CRL.P.NO.103722 0F 2022
BETWEEN:
BASAVARAJ S/O CHANNAPPA TOTAGANTI
AGED ABOUT 63 YEARS,
OCC. ASST. EX. ENGINEER,
PWD. SUB DIVISION KUSTAGI,
NOW RESIDING AT MUDHOL,
DIST. BAGALKOT 58313.
...PETITIONER
(BY SRI. SANTOSH B MANE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY THE POLICE INSPECTOR
ANTI CORRUPTION BUREAU KOPPAL
NOW INSPECTOR LOKAYUKTHA KOPPAL,
REPRESENTED BY
SPL PP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH
...RESPONDENT
(BY SRI. SANTOSH B.MALAGOUDAR, SPL. PP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO DIRECT THE RESPONDENT POLICE/AUTHORITIES TO
RELEASE THE PETITIONER WHO IS ACCUSED NO.3 IN THE CASE,
ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH
THE ALLEGED OFFENCES PUNISHABLE U/S 13(1)(c), (d) (I) (II)
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CRL.P No. 103722 of 2022
c/w CRL.P.No. 103734 OF 2022
(III) (2), AND SECTION 15 OF PREVENTION OF CORRUPTION ACT
1988, SECTION 406, 408, 409, 417, 420, 464, 471, 474, 477,
477(A), 120(B) OF IPC 1860, REGISTERED BY KOPPAL ACB NOW
TRANSFERRED TO LOKAYUKTHA POLICE IN THEIR CRIME
NO.3/2016.
IN CRL.P.NO. 103734 OF 2022
BETWEEN:
1. OMKAR MURTHY S/O B VEERACHAR
AGED ABOUT 60 YEARS,
RTD., J E RWS SUB DIVISION
KOPPAL-583231
2. SHANKARGOUDA PATIL
S/O DHARMAGOUDA PATIL
AGED ABOUT 56 YEARS,
AEE PANCHAYAT RAJ
SUB DIVISION RON
GADAG-582209
3. RAJASHEKHAR S/O MARIYAPPA KATTIMANI
AGE. MAJOR, J E MINOR IRRIGATION
SUB DIVISION, KUSTAGI-584121
...PETITIONERS
(BY SRI. SANTOSH B MANE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY THE POLICE INSPECTOR
ANTI CORRUPTION BUREAU KOPPAL
NOW INSPECTOR LOKAYUKTHA KOPPAL,
REPRESENTED BY
SPL PP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH
...RESPONDENT
(BY SRI. SANTOSH B.MALAGOUDAR, SPL. PP)
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CRL.P No. 103722 of 2022
c/w CRL.P.No. 103734 OF 2022
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO DIRECT THE RESPONDENT POLICE/AUTHORITIES TO
RELEASE THE PETITIONERS WHO ARE ACCUSED NO.12, 20 AND
27 IN THE CASE, ON BAIL IN THE EVENT OF THEIR ARREST IN
CONNECTION WITH THE ALLEGED OFFENCES PUNISHABLE U/S
13(1)(c), (d) (I) (II) (III) (2), AND SECTION 15 OF PREVENTION
OF CORRUPTION ACT 1988, SECTION 406, 408, 409, 417, 420,
464, 471, 474, 477, 477(A), 120(B) OF IPC 1860, REGISTERED
BY KOPPAL ACB IN THEIR CRIME NO.3/2016.
THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Criminal Petition No.103722/2022 is filed by accused No.3 and Criminal Petition No.103734 is filed by accused Nos.12, 20 and 27. both the petitioners are filed under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Koppal ACB Crime No.3/2016 registered for the offences punishable under Sections 406, 408, 409, 417 , 420, 464, 471, 474, 477, 477A and 120 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity) and Sections 13(1)(c)(d) (i), (ii) & (iii) -4- CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 (2) and 15 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act', for short).
2. The case of the prosecution is that, in the Panchayat Raj Engineering Division, Koppal, from 21.09.2013 to 06.02.2014, there was a scheme of Rural Water Supply and an amount of Rs.23,41,86,474/- was allotted for the said work. That there was allegations of misappropriation and a complaint was lodged. FIR was registered against 30 officers and contractors for breach of trust, forgery of public records, fabrication of documents, falsification of documents, accounts and criminal conspiracy. The Hon'ble Deputy Lokayukta had enquired and found that there was misappropriation and based on that report, a case was registered. The accused against whom a case was registered, had preferred writ petition for quashing of the proceedings and the same came to be dismissed by order dated 26.02.2021. Thereafter, the ACB -5- CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 proceeded for investigation and these petitioners apprehending their arrest have approached the Sessions/Special Judge, Koppal seeking anticipatory bail and the same came to be rejected. Therefore, the petitioners are before this Court seeking anticipatory bail.
3. Heard the learned counsel appearing for the petitioners and Sri. Santosh Malagoudar, learned Special Public Prosecutor for the respondent/ACB.
4. The learned counsel for the petitioners would contend that, the scheme is of the year 2013- 14 and the petitioners and other accused have not committed any offence as alleged and it is clear from the report of the Ombudsman of Panchayat Raj, Koppal, submitted in the year 2015, report by CEO Zilla Panchyat, the report by Dy.S.P. Lokayukta, report by State Quality Control Monitor submitted in the year 2015. It is his further submission that, earlier, the petitioners and other accused have -6- CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 submitted all relevant records to the concerned authorities for holding inquiry and even, if, any other documents are available, they are ready to submit the same to the Investigating Officer. It is his further submission that the offences alleged against the petitioners are not punishable with death or imprisonment for life except the offence under Section 409 of IPC. It is his further submission that accused No.3 is a retired Assistant Executive Engineer, accused No.12 has retired as a Junior Engineer and accused Nos.20 and 27 are working as the Assistant Executive Engineer and the Junior Engineer, respectively, and their presence can be secured easily for investigation and trial. With this, he prayed to allow the petitions.
5. Per contra, learned Special Public Prosecutor has contended that one of the offences alleged against the petitioners is under Section 409 of IPC which is punishable with imprisonment for -7- CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 life. The offences alleged against the petitioners is misappropriation of funds of the scheme. If the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. The petitioners are required for custodial interrogation. With this, he prayed to reject the petitions.
6. Having regard to the submission made by the learned counsel for the petitioners and the learned Special Public prosecutor, this Court has gone through the FIR, complaint and other documents.
7. An amount of Rs.23,41,86,474/- has been allotted for scheme of Rural Water Supply in Panchayat Raj Engineering Division, Koppal from 21.09.2013 to 06.02.2014. It was alleged in the year 2014 by a contractor that, there are irregularities by the authorities and he named involvement of 30 engineers. Thereafter, an inquiry -8- CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 was held by Ombudsman of Zilla Panchayat, Koppal, who submitted a report that, there are no irregularities. On the direction of the Hon'ble Chief Minister, the CEO Zilla Panchayat, Koppal, has also conducted inquiry and he also submitted a report stating that there are no irregularities. In the meantime, the matter was referred to the Dy.SP Lokayukta in the year 2015, who with the assistance of an expert agency by name M/s Sapience Consultant and Engineers, Bengaluru, has submitted a report stating that there are no irregularities. The said report was sent to the Government. The matter was again referred to the State Quality Control Monitor which has submitted a report stating no irregularities. In the meantime, the Superintendent Engineer, Belgaum has sent a letter to the Government to conduct extensive inquiry with regard to the entire scheme and the matter was referred to Upalokayukta, who verified the document and found 50 irregularities in maintaining the records -9- CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 pertaining to the scheme. The said report was accepted by the Government and directed the ACB to register a case by order dated 03.10.2016. On that basis, FIR came to be registered against 50 engineers and contractors (not named) and investigation is in progress. In the FIR there is reference of 46 volumes, 13 measurement books, cash books and other documents. The counsel for the petitioner submits that the petitioners are ready to co-operate with the investigation and to produce whatever the documents available with them. Accused Nos.3 and 12 are the retired Assistant Executive Engineer and the retired Junior Engineer, respectively, and accused Nos.20 and 27 are the Assistant Executive Engineer and the Junior Engineer, respectively, serving in the Department and therefore, their presence can be easily secured for investigation and trial. The offences alleged against the petitioners are not punishable with death or imprisonment for life except the offence under
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CRL.P No. 103722 of 2022 c/w CRL.P.No. 103734 OF 2022 Section 409 of IPC. The apprehension of the prosecution that if the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses, can be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER Both the petitions filed under Section 438 of Cr.P.C. are allowed. Consequently, the petitioners/accused Nos.3, 12, 20 and 27 shall be released on bail in the event of their arrest in Crime No.3/2016 of ACB Police Station, Koppal subject to the following conditions:
i. The petitioners/accused Nos. 3, 12, 20 and 27 shall execute a personal bond for a sum of
- 11 -CRL.P No. 103722 of 2022
c/w CRL.P.No. 103734 OF 2022 Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioners/accused Nos.3, 12, 20 and 27 shall appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioners/accused Nos.3, 12, 20 and 27 shall remain present before the Investigating Officer on every Sunday between 10:00am to 6:00 pm and mark their presence for a period of six months or till filing of final report whichever is earlier.
iv. The petitioners/accused Nos.3, 12, 20 and 27 shall co-operate in the investigation and make themselves available for interrogation whenever required.
v. The petitioners/accused Nos.3, 12, 20 and 27 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
- 12 -CRL.P No. 103722 of 2022
c/w CRL.P.No. 103734 OF 2022 vi. The petitioners/accused Nos.3, 12, 20 and 27 shall not obstruct or hamper the investigation and not to play mischief with the evidence collected or yet to be collected.
vii. The petitioners/accused Nos.3, 12, 20 and 27 are directed to furnish the documents available with them to the Investigating Officer.
Sd/-
JUDGE kmv