Rajegowda vs State By Kikeri Ps on 4 January, 2017

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Karnataka High Court

Rajegowda vs State By Kikeri Ps on 4 January, 2017

Bench: Rathnakala

                          1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF JANUARY, 2017

                      BEFORE:

       THE HON'BLE MRS.JUSTICE RATHNAKALA

           CRIMINAL PETITION No.9832/2016


BETWEEN:

RAJEGOWDA
S/O SINGEGOWDA
AGED ABOUT 65 YEARS
R/AT MAKAVALI VILLAGE,
KASABA HOBLI,
K R PET TALUK
MANDYA DISTRICT,
PIN CODE: 571426                  ..PETITIONER

(BY SRI.SHARATH S GOWDA, ADVOCATE)

AND:

STATE BY KIKERI PS
MANDYA DISTRICT
PIN CODE: 571423
REP. BY ITS
PUBLIC PROSEUCTOR                ..RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)


     THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE
                                2




THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST
IN CR. NO.264/2016 OF KIKKERI P.S., MANDYA, WHICH IS
REGISTERED FOR THE OFFENCE P/U/S 406,420,465 R/W
34 OF IPC.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Heard Sri.Sharath S. Gowda, learned counsel for petitioner and Sri.K.Nageshwarappa, learned HCGP for respondent.

2. The respondent-police have registered a case in Crime No.264/2016 dated 02.12.2016 against the petitioner(accused No.3) and two others in respect of the offence punishable under Sections 406, 420, 465 and 34 of IPC.

3. The allegation is accused No.1 and 2 being the Panchayath Development Officer and President of Makavalli Grama Panchayat created documents as if digging a pond in 3 the land of the petitioner without mentioning the details of the measurement of the pond and submitted a bill for `67,424/-.

4. Learned counsel for petitioner submits that the petitioner has nothing to do in the job work and he is a private person at the most he will get the benefit of the water stored in the pond. The amount is directly remitted to the account of the workers under the N.R.E.G.A Scheme. Having regard to the nature of the allegation, there is no impediment to allow the petition.

Accordingly, petition is allowed. Petitioner is granted anticipatory bail in Crime No.264/2016 of Kikkeri P.S., Mandya, subject to following conditions:

(i) He shall forthwith appear before the respondent-

Investigating officer and in that event, investigating officer is at liberty to interrogate him.

(ii) In the event of his arrest, he shall be released on bail in respect of the above case on execution of a self bond for a sum of `50,000/- with one surety for the likesum.

(iii) He shall co-operate with the investigating officer during further course of investigation.

Sd/-

JUDGE SBN

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Karnataka High Court