Ambanna S/O.Arjunappa .K. v. the State of Karnataka
Case brief
What is this about?
The High Court of Karnataka rejected a criminal petition under Section 438 Cr.P.C. seeking anticipatory bail for a Gram Panchayat Secretary accused of misappropriating Swacha Bharath Mission funds. The Court held that the accused, having access to documents and funds, could tamper with evidence and thus bail was not warranted.
What did the court decide?
The petition filed by the petitioner under Section 438 of Cr.P.C., is rejected.
What the court decided
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.100206/2020
BETWEEN:
AMBANNA S/O: ARJUNAPPA K., AGE: 54 YEARS, OCC: SECRETARY GRADE 2, GRAM PANCHAYAT, R/O: U-RAJAPURA, TQ: SANDUR, DIST: BALLARI.
……PETITIONER
(BY SRI.GIRISH BHAT, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY THORANAGAL POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH.
…RESPONDENT (BY SMT. SEEMA SHIVA NAIK, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ALLOW THE PETITION AND GRANT THE ANTICIPATORY BAIL, DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST IN THORANAGAL P.S.CRIME NO.31/2019 FOR THE ALLEGED OFFENCES UNDER SECTIONS 409 AND 420 R/W 34 OF IPC PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT SANDUR.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to a public servant accused of misappropriating government funds.
Whether the petitioner could rely on accounts submitted by himself and other accused to claim belated filing of the complaint.
Parties & counsel
- petitioner
Ambanna
- respondent
The State of Karnataka
Coram
Suraj Govindaraj
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · February
- Registered
- Case no.
- CRL.P/100206/2020
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