G Basavanagowda Vs the State by Kodigehalli Police Station

REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001 …RESPONDENT (BY SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.A IS FILED U/S 16 OF KPIDFE ACT PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL IN THE EVENT OF ARREST TO THE APPELLANT/ACCUSED NO.3 IN CR.NO.207/2018, FOR THE ALLEGED OFFENCES U/S 403,406

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AND 420 OF IPC, SEC.9 OF THE KPIDFE ACT, WHICH IS REGISTERED BY THE RESPONDENT POLICE KODIGEHALLI P.S., BENGALURU IN THE ABOVE CASE, ON THE FILE PENDING BEFORE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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Heard learned Sri.Shivaprasad Nayak and learned High Court Government Pleader.

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The present appeal is filed under Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 hereinafter referred to as an Act for the short.

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Facts in brief which are utmost necessary for disposal of the present appeal are as under:

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A compliant came to be lodged before Kodigehalli Police Station by Sri.Chandrashekar.B, Son of Late Kalabairappa at about 11 a.m. Based on the said

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complaint, a Criminal Case came to be registered in Crime No.207/2018 for the offences punishable under Section 420,403,406 of IPC. The present appellant is shown is an accused No.3 in the said FIR. Based on the complaint, police commenced the investigation and apprehended accused No.1 and 2 who have been granted bail by this court. Present accused approached the Learned Special Judge for grant of anticipatory bail. Same was opposed by the prosecution. Learned Trial Judge noted that the present appellant has no permanent address and he was also working in Vishwa Jyothi Charitable Trust had active role in the alleged misuse of the amount of the financial transactions of the said trust, rejected the anticipatory bail application.

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Being aggrieved by the same, accused is before

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this Court.

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Learned counsel for the appellant

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Sri.Shivaprasad Nayak reiterating the grounds set in the appeal memorandum contended that both the accused have been enlarged on bail by this court and therefore the

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present appellant is also to be granted anticipatory bail by imposing suitable conditions.

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Per contra Sri.Channappa Erappa learned HCGP opposes the bail grounds.

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Having heard the parties in detail this Court

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perused the materiel on record meticulously. On such perusal of the material on record, it is seen that the present appellant is only an employee in the said trust. Whether the present appellant also had the hand in the alleged misappropriation of the funds of the said trust resulting in defrauding the depositors is a matter needs to be established after thorough investigation.

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Admittedly, the warrants issued by the Trial Court by the Special Judge returned with an endorsement that "the present petitioner is not available in the address at the native place or the address where he was working". Therefore there is a sufficient force in the submissions made on behalf of the prosecution that the accused if granted anticipatory bail may not be avail before the Trial or investigation.

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But such an apprehensive can be met with by

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imposing suitable conditions. Further, since the co-accused

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have been already granted bail is a factor which cannot be lost sight on by this court while entertaining the appeal of the appellant.

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Accordingly, without expressing further opinion on the merits of the matter following order is passed:

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ORDER

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i) Appeal is allowed .

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ii) Appellant/Accused No.3 is granted the bail

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as prayed for on following conditions:

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a) Appellant/Accused No.3 shall join the investigation by appearing before the investigation Officer on 15.01.2025 at 11.a.m.

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b) He shall execute bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigation officer.

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c) He shall appear before the investigation officer as and when directed and furnished the residential proof.

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d) Investigating Officer is directed to conclude the investigation/ interrogation insofar as the appellant is concerned on the same day and enlarge him on bail after 6.00 p.m.

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e) Appellant shall not temper the prosecution witnesses.

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f) Appellant shall attend the court on all days of hearing without fail.

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g) Appellant shall not leave the Bengaluru jurisdiction without prior permission of this court.

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Violation of any one of the conditions would entitle the prosecution proceed for cancellation.

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Sd/(V SRISHANANDA) JUDGE

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RCK