Karnataka High Court
Shivaji S/O Bheemsingh Rathod vs The State Of Karnataka on 16 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102470 OF 2022
BETWEEN:
SHIVAJI S/O. BHEEMSINGH RATHOD
AGE. 48 YEARS, OCC. KSRTC EMPLOYEE,
R/O HAVERI,
TQ AND DIST. HAVERI-581110.
...PETITIONER
(BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ITS P.S.I, HAVERI TOWN P.S,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ORDER DIRECTING THE HAVERI TOWN POLICE
STATION, TO RELEASE THE PETITIONER/ARRAYED AS
ACCUSED NO.1 ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME NO.48/2022 OF HAVERI TOWN POLICE STATION FOR
OFFENCES PUNISHABLE U/S 409, 420 AND 465 OF IPC R/W
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CRL.P No. 102470 of 2022
SECTION 34 OF IPC, PENDING ON THE FILE OF COURT OF
PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, HAVERI
DIST. HAVERI.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition has been filed by the accused No.1 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.48/2022 of Haveri Town Police Station registered for the offences punishable under Sections 409, 420 and 465 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that the petitioner/accused No.1 was working as Controller in NEKRTC, Haveri Division and he is incharge of issue of bus pass. That from 03.09.2021 to -3- CRL.P No. 102470 of 2022 17.05.2022 in KSRTC Bus Stand, Haveri at pass distribution counter and Naganur Computer Centre situated at beside Manasa Photo Studio near Lucky Super Market, Haveri, the petitioner/accused No.1 colluding with accused No.2 in order to cheat the corporation, forged the documents and by receiving Rs.1050/- and Rs.1800/- from 10 students belongs to II-A/General category and issued them bus pass which were distributed to SC/ST caste of face value of Rs.150/- and thereby cheated and misappropriated the amount. The said complaint came to be registered in Crime No.48/2022 of Haveri Town Police Station for the aforesaid offences. The petitioner who is arrayed as accused No.1 apprehending his arrest filed Criminal Miscellaneous No.566/2022 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge and Special Judge, Haveri by order dated -4- CRL.P No. 102470 of 2022 10.08.2022. Therefore, the petitioner/accused No.1 is before this Court seeking anticipatory bail.
3. Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.
4. Learned counsel for the petitioner/ accused No.1 would contend that even though they came to know regarding misappropriation on 17.05.2022, the complaint came to be filed on 03.06.2022 and there is a delay in filing the complaint. The offences alleged against the petitioner are not punishable with death or imprisonment of life except the offence under Section 409 of IPC. The petitioner/accused No.1 is ready to co-operate with the Police in investigation and ready to abide any terms and conditions imposed by this Court. With this, he prayed to allow the petition.
-5-CRL.P No. 102470 of 2022
5. Per contra, learned High Court Government Pleader would contend that the petitioner/accused No.1 alleged to have misappropriated the funds of the corporation. The offences alleged against the petitioner/accused No.1 are punishable with imprisonment for life which may extend to ten years. The investigation is still in progress, if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the FIR, contents of the complaint and the order passed by the Sessions Court. -6- CRL.P No. 102470 of 2022
7. The accusation against the petitioner/accused No.1 is that while working as a Controller in KSRTC and in-charge of pass distribution counter in collusion with accused No.2 in order to cheat the corporation, forged the documents by receiving Rs.1050/- and Rs.1800/- from ten students belonging to II-A/General Category and issued bus pass which were to be distributed to SC/ST caste for fee of Rs.150/- and thereby cheated and misappropriated the amount. The offences alleged against the petitioner/accused No.1 are not punishable with death or imprisonment for life except, the offence under Section 409 of IPC. As the petitioner is the employee of the corporation working as Controller he can be easily secured for investigation and trial. The petitioner/accused No.1 has undertaken to co- operate with the Police in investigation. The main apprehension of the prosecution is that if the -7- CRL.P No. 102470 of 2022 petitioner is granted anticipatory bail, he will threaten 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 The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in the event of his arrest in Crime No.48/2022 of Haveri Town Police Station, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees one lakh only) with one surety -8- CRL.P No. 102470 of 2022 for the like sum to the satisfaction of the Investigating Officer.
ii) The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii) The petitioner shall attend the Police Station concerned every 1st and 3rd Sunday between 10:00 a.m. and 02:00 p.m. and mark his presence for a period of two months or till filing of the final report, whichever is earlier.
iv) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever required.
v) The petitioner 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 any Police Officer.
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vi) The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE SMM