Karnataka High Court
Smt.Gouramma W/O Adi Basappa, vs The State Of Karnataka on 15 July, 2016
Author: A.N.Venugopala Gowda
Bench: A.N.Venugopala Gowda
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IN THE HIGH COURT OF KARNA TAKA
DHARWAD BENCH
DATED TH IS THE 15 T H DAY OF JULY 2016
BEFORE
THE HON'BLE MR.JUS TICE A.N.VENUGOPALA GOWDA
CRL.P.NO .100121/2016
BETWEEN:
SMT.GOURAMMA W/O ADI BASAPPA,
AGED ABOUT 62 YEA RS,
HOUSEWIFE & EX-GRAMA
PANCHAYAT PRESIDENT,
VANENUR, R/O GOTUR VILLAGE
BALLARI TALUKA AND DIS TRICT.
... PETITIONER
(BY SMT.S .PRAMILA , SENIOR ADVOCATE AND
SMT.SUNITHA P KALASOOR, ADVOCATE.)
AND
THE S TA TE OF KARNA TAKA
MOKA POLICE S TATION,
MOKA, BALLARI D IS TRICT,
REP. BY S TA TE PUBLIC PROOSECUTOR,
HIGH COURT OF KARNA TAKA,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(BY SRI PRAVEEN K. UPPAR, HCGP.)
THIS CRIMINAL PETITIO N IS FILED UNDER
SECTION 438 OF CR.P.C., PRAYING TO ALLOW THE
ANTICIPA TORY BAIL PETITION AND DIRECT MOKA
POLICE S TA TION TO RELEASE THE PETITIONER IN
CASE SHE BEING ARRES TED IN MOKA POLICE
STA TION CRIME NO.176/2015, FOR THE OFFENCES
PUNISHABLE UNDER S ECTIONS 406, 408, 409, 417,
410 READ WITH SECTION 34 OF IPC AND SECTION 111
OF KARNA TAKA PANCHAYA TH ACT, 1993, ETC.,.
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THIS PETITION COMING ON FOR ORDERS , TH IS
DAY, THE COURT PASSED THE FOLLOWING :
ORDER
This petition was filed seeking anticipatory bail for the petitioner, in Crime No.176/2015 of Moka Police Station, Ballari district. The respondent has registered the case in Crime No.176/2015 on 12.12.2015 against the petitioner and two others for the offences under Sections 406, 408, 409, 417, 420 read with Section 34 of IPC and Section 111 of Karnataka Panchayat Act, 1993, on the basis of a complaint dated 12.12.2015, lodged by Sri B.Janakiram, Executive Officer, Taluka Panchayat, Ballari, alleging commission of misappropriation of funds during the tenure of the petitioner as president of Vanenur gram panchayat. It has been alleged that there an amount of Rs.50,94,528/- as misutilization in various schemes. :3:
2. The anticipatory bail sought by the petitioner was refused by the Prl. Sessions Judge, Ballari, on the ground that the audit conducted and the report submitted shows that without having bills and vouchers there is misappropriation of huge amount in one year and in view of the contention taken that the presence of the accused for the purpose of investigation is required.
3. Smt.S.Pramila, learned Senior Advocate appearing for the petitioner submitted that the petitioner is an ex-president of Vanenur Gram Panchayat and she is semi literate and can only sign in Kannada and that she has not participated in criminal activities and she being innocent, having no previous criminal record and the alleged offences being not punishable either with life imprisonment or death will co-operate with the investigating officer. Learned Senior Advocate pointed out that the petitioner is aged about 62 :4: years and is permanent resident of Gotur village, Ballari taluk, having four children and owning lands and a house property and would abide by the terms and conditions as may be imposed by the Court.
4. Sri Praveen K. Uppar, learned HCGP by referring to the statement of objections filed, submitted that the alleged offences being heinous and if the petitioner is enlarged on bail, she may tamper the prosecution witnesses and hamper the prosecution agency and may abscond from the clutches of law and hence the petition may be dismissed.
5. Perused the petition and considered the rival submissions.
6. The guiding factors for grant of anticipatory bail can be found from sub-section (1) of Section 438 of Cr.P.C. After analyzing catena of judgments, in Siddharam Sa tl ingappa Mhetre vs. State of Maharash tra and others, :5: (2011)1 SCC 694, Apex Court has enumerated the parameters that could be taken into consideration by the Courts in dealing with the petitions filed for grant of anticipatory bail.
7. Petitioner is an ex-president of Gram Panchayat. She was elected to the panchayat. She owns agricultural lands and a house at Vanenur and Gotur villages. She has four children i.e., three sons and a daughter and thus has permanent roots. Considering the said circumstances the apprehension of the respondent as put forth through the learned HCGP that the petitioner may abscond from the clutches of law is very remote. As far as apprehension of the prosecution that the petitioner may tamper the prosecution witnesses and hamper the prosecution agency is concerned, appropriate conditions can be imposed.
8. Having regard to the facts and circumstances of the case and the fact that :6: accused No.1 has been granted the bail, in my view anticipatory bail could be granted to the petitioner.
9. In the result, the petition is allowed. The petitioner is granted anticipatory bail. The respondent is directed that in the event of arrest of the petitioner, she be released on bail on her executing a personal bond for a sum of Rs.2,00,000/- (two lakh rupees only) with two sureties for the like sum. That apart, the petitioner shall comply with the following conditions:
i. Shall extend cooperation with the respondent police for investigation of the crime and she shall mark her attendance by appearing before the respondent- police on every Saturday between 9.30 am and 11.30 am, till filing of final report by the respondent-
police.
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ii. Shall not indulge in tampering
prosecution witnesses and
evidence in any manner.
iii. Shall not leave the jurisdiction of the concerned Court without its prior permission.
iv. Shall not indulge in committing any crime.
v. Though anticipatory bail granted will normally be in force till the conclusion of the trial, but in order to ensure the presence of the petitioner at the time of trial, it is just and proper to direct her to apply for regular bail before the concerned Court within one month from the date of filing of charge sheet and this anticipatory bail will be in force till the consideration of the said bail application by the concerned Court.
:8:In the event of petitioner disobeying any one of the above conditions, the prosecution is at liberty to move for cancellation of bail.
Sd/-
JUDGE Mrk/-