Allowed

Shri Suresh Chanagond v. the State of Karnataka by

Karnataka HC1 Jul 2024CRL.P/101848/2024

Case brief

AI extract

What is this about?

The High Court granted bail to two government accountants facing charges of misappropriation under IPC Sections 406, 408, 409, and 420. The court accepted the defense that the shortfall was an unintentional error due to calculation mistakes and was fully reimbursed immediately. Bail was granted subject to a bond of Rs. 1 lakh each and standard conditions.

What did the court decide?

Allowed Criminal Petition and ordered enlargement of petitioners on bail in Crime No. 141/2023 on executing a personal bond of Rs. 1,00,000/- each with surety.

Shri Suresh Chanagond Vs the State of Karnataka by — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC-D:8894 CRL.P No. 101848 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL PETITION NO. 101848 OF 2024 (438)

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BETWEEN:

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SHRI SURESH CHANAGOND, AGE: 37 YEARS, OCC: ACCOUNT SUPERVISOR, NWKRTC DEPOT, SANKESHWAR, TQ: HUKKERI, DIST: BELAGAVI 591 313.

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SHRI VASUDEVSING S/O RAMASING KADAM, AGE: 37 YEARS, OCC: ASSISTANT ACCOUNTANT, NWKRTC DEPOT, SANKESHWAR,

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TQ: HUKKERI, DIST: BELAGAVI - 591 313.

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…PETITIONERS

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(BY SRI VIDYASHANKAR G.DALWAI, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI

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THE STATE OF KARNATAKA BY ITS P. S I. SANKESHWAR P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING. DHARWAD-580 001.

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…RESPONDENT

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(BY SMT.KIRTILATA R.PATIL, HCGP)

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HIGH COURT OF KARNATAKA

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ORDER DIRECTING THE SANKESHWAR POLICE STATION, TO RELEASE THE PETITIONERS/ARRAYED AS ACCUSED NOS. 1 AND 2 ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO. 141/2023 OF SANKESHWAR POLICE STATION FOR OFFENCES P/U/SEC. 406, 408, 409, 420 OF IPC R/W SEC. 34 OF IPC, PENDING ON THE FILE OF COURT OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, SANKESHWAR.

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

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2 - NC: 2024:KHC-D:8894 CRL.P No. 101848 of 2024

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ORDER

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Heard Sri Vidyashankar G.Dalawai, learned

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counsel for the petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for the respondent/State.

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The petitioners herein are the accused No.1 and 2 in Crime No.141/2023 wherein the respondent/police have registered a case against the petitioners for the offences punishable under Sections 406, 408, 409, 420 r/w 34 of I.P.C.

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Brief facts of the case are as under:

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It is the case of the prosecution that the petitioners are working as Accountant Supervisor and Assistant Accountant at Sankeshwar KSRTC Depot. The allegations made against them that the salary bill of the employees of Rs.52,661/transferred to their account and thereby they said to have committed misappropriation. The said misappropriation has been unearthed by one Sanjay who was the Accountant during his Audit period. Based on the report, the Depot Manager, Sankeshwar Depot, lodged a complaint against the

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3 - NC: 2024:KHC-D:8894 CRL.P No. 101848 of 2024

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petitioners before the jurisdictional police. The jurisdictional police have registered a case in Crime No.141/2023 for the offences stated supra.

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It is the submission of the learned counsel for the petitioners that the petitioners by mistake and due to wrong calculation, there was shortage of amount of Rs.52,661/-. Immediately, after coming to know that there was shortage in the said Audit report, they deposited the amount. The said alleged misappropriation was not intentional, however, it is a bonafide mistake.

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It is further submitted that both the petitioners were performing their duties efficiently without any remarks in their respective carrier. Both the petitioners were workers of NWKRTC Depot Sankeshwar. Both are the Government officials and they abide the conditions imposed by this Court in the event of their release on bail.

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Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that both the petitioners even though working as

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4 - NC: 2024:KHC-D:8894 CRL.P No. 101848 of 2024

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accountants in their respective positions in the said depot, intentionally transferred the amount to their personal account pertaining to the employees, namely, Irappa, Ramagouda, Samiahamad and Mukumsab and it was disclosed in the internal audit conducted by the another accountant. Since, they have committed heinous offence and misappropriated the public fund; they are not entitled for any relief as prayed for. Therefore, their bail application may be rejected. Making such submission, learned HCGP prays to dismiss the bail application.

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Having heard the learned counsel for respective parties and also perused the averments of the complaint, it appears that these two petitioners were working as Accountants in Sankeshwar Bus Depot and both stated to have misappropriated the amount of Rs.52,661/-. Immediately, after coming to know the said misappropriation by another Accountant in their internal audit, they deposited the entire amount.

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It is further noticed that, the learned counsel for the petitioners made his submission that the said

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5 - NC: 2024:KHC-D:8894 CRL.P No. 101848 of 2024

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misappropriation had occurred due to oversight and also under wrong calculation. However, the said misappropriation was not intentional. Having considered the said submission and also the gravity of the offences, it is appropriate to grant them bail by imposing suitable conditions.

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Accordingly, I proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioners are ordered to be enlarged on bail in Crime No.141/2023 of Sankeshwar Police Station, in the event of their arrest, on executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) each with one surety each for the likesum to the satisfaction of the jurisdictional police, subject to the following conditions:-

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a) The petitioners shall appear before the jurisdictional police station within 20 days from today to execute personal bonds and to furnish the sureties.

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b) The petitioners shall cooperate with the investigation as and when it is required.

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6 - NC: 2024:KHC-D:8894 CRL.P No. 101848 of 2024

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c) The petitioners shall not tamper the prosecution witnesses nor hamper the proceedings of the Court.

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d) The petitioners shall appear before the Trial Court on all dates of hearing without fail.

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In case, if the petitioners violate any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.

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Sd/JUDGE

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CLK/RKM CT:ANB List No.: 1 Sl No.: 12

Shri Suresh Chanagond v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

Shri Suresh Chanagond v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

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