A petition under Section 438 Cr.P.C. seeking anticipatory bail for accused in a case of alleged misappropriation of fertilizers and pesticides was dismissed. The court held that a prima facie case was made out and anticipatory bail is not a matter of right.
Petition for anticipatory bail under Section 438 Cr.P.C. was dismissed.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 09TH DAY OF OCTOBER 2020
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRL.P. NO.101053 OF 2020
BETWEEN:
…PETITIONERS
(BY SRI. S.S.BETURMATH AND SRI. K.L. PATIL, ADVS.)
AND:
THE STATE OF KARNATAKA THROUGH KAMPLI POLICE STATION, BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH.
…RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING THIS HON’BLE COURT TO ALLOW THIS PETITION AND ENLARGE THE PETITONERS/ACCUSED NO.2 AND 4 ON ANTICIPATORY BAIL IN CONNECTION WITH KAMPLI P.S. CRIME NO.72/2020 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 407, 409, 420 READ WITH SECTION 34 OF IPC ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC (SD), HOSAPETE.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C. by accused Nos.2 and 4 respectively in Crime No.72/2020 of Kampli Police Station, registered for the offences punishable under Sections 406, 408, 409, 420 read with Section 34 of IPC, seeking to enlarge them on
anticipatory bail.
Society Ltd., Kampli, lodged a complaint alleging that during the audit, it is revealed that in the year 2018-19, Accused No.1 being the Manager, accused No.2 being the Clerk, accused No.3being the Storehouse Peon and accused No.4 being the Storehouse Clerk of Taluk Agricultural
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Produce Co-operative Marketing Society Ltd.,
Kampli, have misappropriated the stock of fertilizers and pesticides to the tune of Rs.2,50,78,874/-, with an intention to cause loss to the said society and thus, committed criminal breach of trust and cheated the Society.
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are ready and willing to abide the conditions which may be imposed by this Court. Accordingly, he seeks to enlarge the petitioners on bail.
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from justice. On these grounds, the learned
HCGP seeks to reject the petition.
Marketing Society Ltd., Kampli. He has stated in the complaint that an audit was conducted for the year 2018-19, wherein it was revealed that there was misappropriation of stocks of fertilizers and pesticides to the tune of Rs.2,50,78,874/-. It is not in dispute that the petitioners were working as Clerk and Storehouse Peon respectively during the year 2018-19. It cannot be said, at this stage, that there is no prima facie case made out against the petitioners. The amount which has been misappropriated is a huge amount. The stock of fertilizers and pesticides belonging to the Society was for the benefit of the farmers. This Court has already rejected the bail petition in
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respect of accused Nos.1 and 3 in Crl.P.No.101010/2020 and Crl.P. No.101000/2020 vide order dated 31.08.2020. Anticipatory bail is not a matter of right and cannot be granted in a routine manner. It cannot be said that the accusations against the petitioners are made with a dishonest motive. In the facts and circumstances of the case, the petitioners are not entitled for the discretionary relief of anticipatory bail. Petition is dismissed.
Sd/JUDGE
JTR
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in proceedings for criminal breach of trust and cheating.
Whether there is sufficient material to reject the prayer for anticipatory bail.
2 provisions across 2 enactments
Prasad G.L.V.
Ashok Singh
The State of Karnataka
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
