Sri Jagadeeshn S/O Chandrashekar Kalwad v. the State of Karnataka

Karnataka HC13 Sept 2023CRL.P/102081/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka rejected a petition for anticipatory bail under Section 438 Cr.P.C. filed by an accused servant alleged to have facilitated misappropriation of over Rs. 2.48 crores, citing the need for custodial interrogation due to the absconding and the enormity of the case.

What did the court decide?

The petition for anticipatory bail was rejected; the petitioner is not entitled to bail.

Sri Jagadeeshn S/O Chandrashekar Kalwad Vs the State of Karnataka — Corruption | Karnataka HC (2023)

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NC: 2023:KHC-D:10533 CRL.P No. 102081 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 102081 OF 2023

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BETWEEN:

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SRI. JAGADEESH, S/O CHANDRASHEKAR KALWAD, AGE: 50 YEARS, OCC: SERVICE, R/O. H.NO.600, 3RD CROSS, RAGHAVENDRA CIRCLE, GIRIYAL ROAD, NEKAR NAGAR, OLD-HUBBALLI, HUBBALLI, DIST: DHARWAD-580024.

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…PETITIONER

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(BY SRI. MAHESH WODEYAR, ADVOCATE)

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AND:

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Digitally signed by CHANDRASHEKARLAXMANKATTIMANI CHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.27 14:51:47 +0530

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THE STATE OF KARNATAKA, THROUGH VIDYANAGAR POLICE STATION HUBBALLI, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION AND RELEASE THE PETITIONER/ ACCUSED NO. 5 ON BAIL IN EVENT OF HIS ARREST BY THE VIDYANAGAR POLICE IN CRIME NO. 89/2023 OFFENCE PUNISHABLE UNDER SECTION 120B, 408, 409 AND 420 IPC.

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

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2 - NC: 2023:KHC-D:10533 CRL.P No. 102081 of 2023

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ORDER

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Petitioner who is arraigned as accused No.5 has filed this petition u/sec.438 Cr.P.C. to grant him anticipatory bail in Crime No.89/2023 of Vidyanagar P.S., Hubballi, for the offences p/u/s 120 B, 408, 409 and 420 IPC.

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In support of his petition, petitioner has contended that he is innocent of the offences alleged and he has not committed any offence. There are no overt-acts attributed to him. The material placed on record are not sufficient to make out a prime facie case to attract the ingredients of Sec.120-B, 408, 409 and 420 IPC. Petitioner has worked in Government ITI College from 2008 to 2015. Thereafter he was transferred to Chikkaballapura. He has handed over charge to the subsequent officer along with the material. There is a delay of 8 years in filing the complaint. Since petitioner is a government servant, there is no chance of he absconding and fleeing from justice. He is ready and willing to abide by any conditions that may be

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imposed and furnish substantial surety to the satisfaction of the trial court and prays to allow the petition.

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Learned High Court Government Pleader has submitted oral objections, stating that in respect of misappropriation of property worth Rs.2,48,09,768.81 at Government ITI College, Hubballi, complaint is filed by Commissioner, Industrial Training and Employment Department. According to the complaint, Accused No.2Ramesh P. has worked as Director (Training) Government Industrial Training Department, Hubballi from 27.10.2005 to 21.11.2011. During the said period accused No.1A.A.Andagi was the store keeper from 1998 to 2008.

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3.1 However, at the time of he handing over the charge on his promotion, it was observed that there was large quantity of shortfall of stock. It was found that accused No.1-A.A.Andagi failed to enter the stock in the stock book. In this regard, Shri M.G.Khandekar, Principal-I of Government Industrial Development and Industrial Training Institute was appointed to conduct primary

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investigation. On 19.03.2011, he has submitted the report stating that there is misappropriation of crores together and recommended for appointment of a team consist of senior officers. He also opined that such a long scale of misappropriation was not possible by accused No.1 alone and accused No.2 to 4 are also involved and recommended to take action against them also.

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3.2 Accused No.1-A.A.Andagi was kept under suspension and enquiry was conducted against him through Shri Vasant H.Munisamy, retired District Judge. After conducting detailed investigation, he has submitted report stating that there is misappropriation of Rs.1,72,61,160/- and along with accused No.1-P.Ramesh, M.K.Lingaraju, N.D.Alakundi are also involved and criminal action also be taken against them.

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3.3 In the meanwhile on 02.05.2018, under the President ship of Shri B.L.Chandrashekar, Joint Director (training) a Committee was constituted for handing over charge of the store. He has submitted report that during

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the period of accused No.1-A.A.Andagi, shortfall of a stock is worth Rs.1,22,29,169.30 paise. During the period of accused No.5-Jagdish Kalavad from 2008–09 to 2014–15, the misappropriation is Rs.1,25,80,599.51 paise. It is also stated that the total misappropriation is in a sum of Rs.2,48,09,7,68.81 paise and this was possible because of dereliction of accused No.2-P.Ramesh as principal. If he had been diligent, the misappropriation could have been avoided.

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3.4 During March of every year articles worth lakhs of rupees were purchased exceeding the financial powers, and without entering them in the stock register and without inspecting and monitoring the requirements, he has facilitated their misappropriation. All the accused are responsible for the misappropriation and accordingly complaint is filed. Since from the date of complaint, petitioner has absconded. His custodian presence for interrogation is necessary to unearth the truth. Looking to the enormity of the misappropriation, petitioner is not

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entitled for anticipatory bail and to pray to dismiss the petition.

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4. Heard arguments and perused the record.

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It is not in dispute that from 25.10.2005 to 21.11.2011, accused No.2-P.Ramesh, was the principal, accused No.1-A.A.Andagi was the store keeper from October 1998 to 2008, accused No.5-Jagdish Kalavad was the store keeper from December 2008 to 2015. Accused No.3 and 4 have worked as store officer and training officer in the Government Industrial Training Institute College, Hubballi. When accused No.1-A.A.Andagi was promoted and he was handing over charge of this store, it was noticed that there was large deficit of the stock.

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In this connection, the enquiry was held through M.G.Khandekar, Principlal-I and his report revealed that there was misappropriation of articles worth crores of rupees and this is required to be investigated by a committee of higher offices. A departmental enquiry was

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held against accused No.1-A.A.Andagi through retired District Judge and he has given report that all the accused persons are responsible for the misappropriation.

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In the meanwhile, a committee was constituted in the chairmanship of Sri B.L.Chandrashekar, Joint Director and he has reported that during the period of accused No.1-A.A.Andagi, the misappropriation was to the tune of Rs.1,22,29,169.30 paise and during the period of petitioner i.e., accused No.5-Jagdish C.Kalavad misappropriation is to the tune of Rs.1,25,80,599.51 paise and this was possible due to the involvement of remaining accused persons. It is specifically reported that during the month of March, accused No.2 has facilitated purchase of material beyond his financial limits and has failed to monitor that the purchased articles are entered into the stock register.

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Based on the complaint, investigation is taken

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up. From the date of complaint, petitioner has absconded. The allegations made against the petitioner are very

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serious. Looking to the enormity of the funds which are misappropriated, the custodial interrogation of the petitioner is very essential. Consequently, this Court is of the considered opinion that petitioner is not entitled for anticipatory bail and accordingly the following:

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ORDER

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The petition filed under Section 438 Cr.P.C.

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is rejected.

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Sd/JUDGE

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KGK List No.: 1 Sl No.: 7

Sri Jagadeeshn S/O Chandrashekar Kalwad v. the State of Karnataka

Case brief

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Sri Jagadeeshn S/O Chandrashekar Kalwad v. the State of Karnataka

Case brief

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