Prakash S/O Rudrappa Halammanavar, vs The State Of Karnataka, on 24 March, 2017

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Karnataka High Court

Prakash S/O Rudrappa Halammanavar, vs The State Of Karnataka, on 24 March, 2017

Bench: K.N.Phaneendra

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           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

              Dated this the 24th Day of March 2017

                             BEFORE

           THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

               Criminal Petition No. 100491/2017
Between:

Prakash s/o Rudrappa Halammanavar,
Age: 47 years, Occn: Executive Officer,
Taluk Panchayat, Joida, r/o Kakol,
Tq: Ranebennur, Now at Joida,
Uttar Kannada-581 401.
                                                     -    Petitioner
(By Sri Prashant S. Kadadevar, Advocate)

And:

The State of Karnataka,
Rep. by its High Court Pleader,
Through its Kundgol PS.
                                                 -       Respondent
(by Sri Praveen K. Uppar, HCGP)

       This Criminal Petition is filed under Section 438 of Cr.P.C.
seeking to enlarge the petitioner on bail in C.C. No. 6/2017 on
the file of the Civil Judge (Jr. Dn.) & JMFC, Kundgol (Crime No.
143/2015 of Kundgol Police Station) for the offences punishable
u/S 408, 409, 420, 465, 471, 201 r/w Sec. 34 of IPC & etc.

     This Criminal Petition coming on for orders this day, the
Court made the following:
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                           ORDER

The petitioner is arrayed as accused No.1 in Crime No. 143/2015 of Kundgol Police for the offences punishable u/S 408, 409, 420, 465, 471, 201 r/w Sec. 34 of IPC, later registered in C.C. No. 6/2017 on the file of Principal Civil Judge & JMFC, Kundagol in Dharwad District.

2. A person by name Shivanandagouda filed a private complaint alleging that lot of money has been released by the Government under NREGA Scheme. Accused Nos.1 to 3, i.e., petitioner and other accused persons were made responsible for the proper utilisation and disbursation of the said amount. It is alleged that accused No.4 has constructed a water conservation and harvesting pond in the land of one Yallappa Hittalamani by receiving an amount of Rs.2,49,195/- for which the accused No.5 gave a satisfactory compliance report inspite of accused No.1 has not at all constructed any pond in the said land. Therefore, it is alleged 3 that accused Nos.1 to 5 colluding with each other swallowed the said public money meant for development work.

3. On the basis of the said facts, the accused No.2- Raghavendra and the accused Nos.4 and 5 have already been released on bail by the learned Principal District & Sessions Judge, Dharwad. As could be seen from the complaint averments there is no specific allegations made against this petitioner except the common allegations made against accused Nos.1 to 5. There is no reason to reject the bail petition filed by this petitioner as he also stands on the same footing as that of the other persons. Hence, on the same conditions the petitioner is also entitled to be enlarged on bail. Hence, the following order is passed.

ORDER Petition is allowed. Petitioner shall be released in the event of his arrest by respondent Police in Kundgol Police Crime No. 143/2015 (C.C. No. 6/2017 on the file of Principal Civil Judge & JMFC, Kundagol in Dharwad District), for the 4 offences punishable u/S 408, 409, 420, 465, 471, 201 r/w Sec. 34 of IPC subject to the following conditions.

1. The petitioner shall appear before the Investigation Officer/ Court within 10 days from the date of this order;

2. He shall not tamper with prosecution witnesses in any manner;

3. He shall co-operate with the Court concerned for early completion of the trial;

4. He shall not indulge in similar offence;

5. If any of the above conditions are violated by the petitioner, the prosecution is at liberty to seek for the cancellation of bail.

Sd/-

JUDGE bvv

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