Mahesh & Others vs State Of Karnataka & Others

H.P. Sandesh, J

Heard the petitioners counsel and also the counsel for the respondent-State.

These two petitions are filed by the accused Nos.6, 16 & 17 and the factual matrix of the case is tht, based on the complaint given by the District Magistrate of Dr. B.R.Ambedkar Development Corporation, a case has been registered with regard to the misappropriation of the amount of Rs.4,20,23,872/- and in that process, an account was opened in the name of this petitioner and an amount of Rs.20,50,000/- was transferred in his account and thereafter, the cheque book and also other bank documents were also seized and this petitioner has identified the same that has been collected by one Shivakumar who is no more.

Learned counsel appearing for the petitioner would submits that, these petitioners are in the custody since 02.05.2022 and an account is opened in the name of these petitioners by accused No.1 and though amount was granted to their account and the same was drawn by the accused No.1 by collecting the cheque and pass books are recovered from accused No.26, who is no more and hence, it is clear that these petitioners are not beneficiaries in the said misappropriation of funds and they may be enlarged on bail.

Per contra, learned counsel appearing for the State would submits that, an amount of Rs.30,75,000/-and an amount of Rs.20,50,000/- each credited to the account of the accused Nos.16 & 17. Accused No.16 is the brother of accused No.26 and accused No.16 only introduced all his friends to open a fictitious account and accused No.17 is the friend of accused No.26 and accused No.26 is no more and the pass book are recovered at the instance of the accused No.26 and all of them have committed serious offence of misappropriation of funds belonging to the corporation and the same is a heinous offence.

In reply to the arguments, the counsel appearing for the petitioner would submits that, the accused No.18 was enlarged on bail in the similar set of allegation in Criminal Petition No.5958/2022 vide order dated 20.07.2022 and hence, these petitioners may be enlarged on bail by applying parity.

Having heard the respective counsel and also on perusal of the material allegations against these petitioners is that, an account was opened and amount was transferred from the corporation in their account. But their contention is that, after opening an account, passbooks are collected from them and an amount was drawn from the accused No.1 and this Court also in the earlier bail petition in Criminal Petition No. 5958/ 2022 having been taken note of the fact that, the name of the petitioner was used to open the fictitious bank account and also amount was transferred to the account of the petitioner to the tune of Rs.20,50,000/- and the petitioner has not drawn any amount from the said account and all documents are in the custody of the accused No.1 and having considered the same, the bail was granted and in the case on hand, the passbooks are recovered from accused No.26 and now he is no more. The very contention of the State is that, accused No.16 is the brother of accused No.26 and he only introduced all his friends and accused No.17 is also the friend of accused No.16 and all of them have indulged in misappropriation of the funds. Having taken note of the said fact into consideration and also the amount was drawn from accused No.1 and passbooks are recovered from accused No.26 and the accused No.16 is the brother of accused No.26 and specific allegation against him is that, he only introduced all his friends and when such being the material on record, accused No.16 is not entitled for bail. The accused Nos.6 and 17 in whose names the fictitious accounts were opened and subsequently the amounts were transferred to the account of the accused No.1, it is appropriate to enlarge the accused Nos.6 and 17 with conditions, since this Court already in the similar circumstances granted bail to the accused No.18 in Criminal Petition No.5958/2022 and hence, accused Nos.6 (accused No.5 in charge sheet in C.C.No.4406/2022) & 17 (accused No.8 in the charge-sheet in C.C.No.4406/2022) are enlarged on bail.

In view of the discussions made above, I pass the following:

ORDER

The bail petition in Criminal Petition No.7078/2022 is allowed in part, granting bail in favour of the accused No.6 (accused No.5 in the charge-sheet in C.C.No.4406/2022) and also the petitioner/accused No.17 (accused No.8 in the charge-sheet in C.C.No.4406/2022) in Criminal Petition No.6682/2022, with conditions. The bail petition in respect of petitioner No.2 i.e. accused No.16 (accused No.7 in C.C.No.4406/2022) is rejected.

The petitioner/accused Nos.6 (accused No.5 in the charge-sheet in C.C.no.4406/2022), accused No.17 (accused No.8 in the charge-sheet in C.C.No.4406/2022) shall be released on bail in connection with Crime No.115/2021 of Tumakuru CEN CR.P.S., Tumakuru District, registered for the offences punishable under Sections 406, 409, 420 read with Section 34 of IPC, subject to the following conditions:

(i) The petitioner/accused No.6 (accused No.5 in the charge sheet in C.C.No.4406/2022) & petitioner/accused No.17 (accused No.8 in the charge sheet in C.C.No.4406/2022) shall execute their personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) each with two sureties for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner/accused No.6 (accused No.5 in the charge sheet in C.C.No.4406/2022) & petitioner/accused No.17 (accused No.8 in the charge sheet in C.C.No.4406/2022) shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner/accused No.6 (accused No.5 in the charge sheet in C.C.No.4406/2022) & petitioner/accused No.17 (accused No.8 in the charge sheet in C.C.No.4406/2022) shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner/accused No.6 (accused No.5 in the charge sheet in C.C.No.4406/2022) & petitioner/accused No.17 (accused No.8 in the charge sheet in C.C.No.4406/2022) shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.