The High Court dismissed a petition seeking anticipatory bail under Section 438 Cr.P.C. for a peon accused of misappropriating government funds by fabricating records in Dharwad.
The petition for anticipatory bail is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 10TH DAY OF JULY, 2020
BEFORE
THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR CRIMINAL PETITION NO.100488 OF 2020
BETWEEN:
SAYED MOHAMMAD S/O. SYED MAHIBUBSAB, AGE : 36 YEARS, OCC : PEON IN TAHASHILDAR OFFICE, YELBURGA, R/O. YELBURGA, TQ : YELBURGA, DIST : KOPPAL.
….PETITIONER
(BY SRI H.N.GULARADDI, ADVOCATE, SRI.P.N.HATTI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH YELBURGA POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD BENCH, AT DHARWAD.
…RESPONDENT
(BY SRI PRAVEEN K.UPPAR, HCGP)
THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN YELBURGA
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P.S. CRIME NO.7 OF 2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 380, 409, 420, 465, 468, 467, 471, 477A AND 451 OF I.P.C. IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner under section 438 of Cr.P.C. for his release on anticipatory bail, in the event of his arrest in Yelburga Police station Crime No.7 of 2020 for the offences punishable under Sections 380, 409, 420, 465, 468, 467, 471, 477A and 451 of I.P.C.
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balance amount of Rs.13,60,000/-. The
accused/petitioner has also drawn the amount of Rs.1,60,000/- from the account of Tahashildar and has repaid a sum of Rs.80,000/-. The Chief Auditor (AG Audit) has submitted the report, wherein it is stated that the Government cheques and records have been stolen and after creating the false records, the amount has been withdrawn from the Bank, thereby the accused has committed offence punishable under Sections 380, 409, 420, 465, 468, 467, 471, 477A and 451 of I.P.C.
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Rs.1,60,000/- is also withdrawn from the account in the name of Tahashildar and he has repaid a sum of Rs.80,000/-. The very fact the repayment discloses that, the petitioner is involved in creating false documents for misappropriation of funds. Under such circumstances, there are no grounds to hold that the petitioner has been falsely implicated in this case.
ORDER
Petition is rejected.
Sd/JUDGE
CKK
2 issues framed by the court
Whether anticipatory bail should be granted to a petitioner accused of misappropriating government funds by fabricating records.
Whether the allegations of false implication justify granting bail under Section 438 Cr.P.C.
8 provisions across 2 enactments
Sayed Mohammad
The State of Karnataka
Ashok G Nijagannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
