Sathisha M.Y vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in Crime No.233/2023 registered by Pandavapura Police Station, Mandya for the offences punishable under Sections 406, 408, 420 R/w 34 of IPC is before this Court under Section 438 of Cr.P.C.

Heard the learned counsel for the parties.

FIR in Crime No.233/2023 was registered by Pandavapura Police Station against petitioner and 6 others on the complaint of Sri Nagegowda M B S/o late Boregowda, the President of Ragimuddanahalli Milk Producers Co-operative Society. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.5379/2023 before the jurisdictional Court of Sessions Judge, which was dismissed on 17.11.2023. Therefore, he is before this Court.

Learned counsel appearing for the petitioner submits that accused No.4 as against whom similar allegations are found has been granted anticipatory bail by this Court in Crl.P.No.12760/2023 disposed of on 19.12.2023. Petitioner was working as Secretary in the Ragimuddanahalli Milk Producers Co-operative Society. The offences alleged are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Accordingly, he prays to allow the petition.

Per contra, learned HCGP appearing for respondent - State has opposed the bail petition.

The material on record would go to show that the petitioner was earlier working as Secretary in the Ragimuddanahalli Milk Producers Co-operative Society and the complaint is now filed by the President of the said society against the Chief Executive Officer, family members and other staff of the society who were earlier working in the society.

A perusal of averments made in the complaint would go to show that allegation of misappropriation is for the period from 2017 to 2019. The complaint is filed in the year 2023. There is no material on record to show that there was any audit objection raised by the competent authority, pointing out the irregularity or misappropriation as alleged in the complaint. Undisputedly, the petitioner was the employee of society. He has no criminal antecedents. The alleged offences are triable by the Court of magistrate and maximum punishment for the said offences is imprisonment for a period of 7 years. All records relating to the case are in the custody of the society and the complainant is the president of society.

The material on record would go to show that the petitioner is now suspended from service. Therefore, there cannot be any apprehension that the petitioner is likely to tamper with the evidence of prosecution. Under the circumstances, I am of the view that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively.

Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.233/2023 registered by Pandavapura Police Station, Mandya for the offences punishable under Sections 406, 408, 420 R/w 34 of IPC subject to the following conditions:

a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the likesum to the satisfaction of the investigating officer.

b. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

c. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of charge sheet.