Karnataka High Court
Vaijinath S/O Bakkappa vs The State Of Karnataka on 8 July, 2020
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 08TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR.JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.200046/2020
Between:
Vaijinath S/o Bakkappa
Aged about 58 years
Occ: Agriculture and President of
Sri Sirdi Sai Baba Education Trust
R/o Bemelkheda, Tq.Humnabad
Dist.Bidar
... Petitioner
(By Sri Hanamanthraya Sindol, Advocate)
And:
The State of Karnataka
Through Police Station, Bhemelkheda
Tq.Humnabad, Dist.Bidar
Rep. by the Spl. Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri Sharanabasappa Patil, HCGP)
This Criminal petition is filed under Section 438 of the
Code of Criminal Procedure, praying to allow the bail petition
and may be pleased to enlarge the accused/petitioner on
anticipatory bail in the event of his arrest pending on the file
2
of the Senior Civil Judge and JMFC at Humnabad in Crime
No.56/2019 of Bemalkhed Police Station for the offences
Sections 409 and 420 of IPC.
This petition coming on for orders, this day, the Court
made the following:
ORDER
(Through Virtual Court) This petition is filed by the petitioner under Section 438 of Code of Criminal Procedure seeking a direction to the respondent - Police to release him on bail in the event of his arrest.
2. Brief facts of the case as per FIS is as under; The petitioner is stated to be the President of the Education Trust. The Secretary of Karnataka Border Area Development Authority ('Authority' for short) has sanctioned a sum of Rs.10.00 lakhs in favour of the petitioner for the purpose of construction of Cultural Bhavan and it is stated that the said Cultural Bhavan was to be constructed on the vacant site but the petitioner had utilized the said fund to construct the 3 Cultural Bhavan on the first floor of the residential building. Thus, it is alleged that the petitioner mis- appropriated the amount in the manner that without constructing the Cultural Bhavan on the vacant site but put-up construction on the first floor of the residential building. Thus, in such a way had mis-utilized the amount. Therefore, with these allegations the Secretary of the Authority had lodged first information statement before the police and accordingly, the case is registered for the offences under Sections 409 and 420 of IPC.
3. The counsel for the petitioner submitted that the petitioner had not deviated any fund and he had utilized the said fund for construction of Cultural Bhavan and had submitted the fund utilization certificate but without properly ascertaining the same had lodged the false FIS before the police and further submitted that the petitioner is President of the Education Trust and he will not abscond and flee away from the justice and is having deep root in the society 4 and he will cooperate with the investigation if he is released on bail. Therefore, prayed for grant of benefit of anticipatory bail to the petitioner.
4. On the other hand the learned High Court Government Pleader submitted prima facie it reveals that the petitioner had utilized the fund for construction of Cultural Bhavan on the first floor of the residential building but as per the terms and conditions it ought to have been constructed on the vacant site. Thus, in such a way has mis-appropriated the amount and still the investigation is going on and the presence of the petitioner is required for the purpose of investigation. Therefore, prayed to reject the bail petition.
5. Upon considering the materials available at this stage, it is revealed prima facie that the petitioner is stated to be a President of the Education Trust. But it is the allegation made in the complaint that the construction of Cultural Bhavan is on the first floor of 5 the residential building but as per the agreed terms and conditions the construction of Cultural Bhavan ought to have been made on the vacant site. This is the main allegation made against the petitioner. Whatever may be the factual matrix and disputed facts that could be matter for trial before the concerned Court whether the construction was made on the first floor and not made on the vacant site and in this regard, the evidences are to be put-forth before the trial Court to prove the fact in issue involved in the present case. But while considering the present anticipatory bail petition considering the gravity of the offences as alleged and also considering whether the petitioner is available for the purpose of investigation before the Investigating Officer and this aspect has to be considered, this Court is of the opinion to grant benefit of anticipatory bail in favour of petitioner but with conditions.
6. Considering the fact that the petitioner is a President of Educational Trust and chances of 6 absconding and fleeing away from the justice is found to be remote and if conditions are imposed on the petitioner to cooperate for the purpose of investigation and upon considering all these factors the Court is of the opinion to grant benefit of anticipatory bail but with conditions.
Accordingly, the petition stands allowed. The respondent-Police is directed to release the petitioner on bail in the event of his arrest in Crime No.56/2019 of Bemalkhed Police Station, registered for the offences punishable under Sections 409 and 420 of IPC, pending on the file the Senior Civil Judge and JMFC at Humnabad, subject to following:-
CONDITIONS
1. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two solvent sureties for like sum to the satisfaction of the concerned Court.
2. The petitioner shall mark his attendance before the I.O. on every alternative Sundays between 6.00 a.m. and 5.00 p.m. till filing of charge sheet.7
3. The petitioner shall co-operate with the investigation officer for the purpose of investigation as and when called upon.
4. The petitioner shall attend the Court regularly on all the dates of hearing, without fail and shall co-operate for speedy disposal of the case.
5. If the petitioner fails to appear before the court on two consecutive dates of hearing, then it may entail cancellation of liberty granted by this order.
Sd/-
JUDGE sn