Sri L. Jayaramaiah vs The State o Karnataka

H. Billappa

The petitioner has filed this petition u/s 438 of Cr.P.C. praying for grant of Anticipatory Bail.

It is stated in the petition that the petitioner is innocent of the offences alleged against him and he has not committed any offence and he has been falsely implicated in the case. The petitioner is ready to abide by all conditions that may be imposed. Therefore, the petitioner may be granted Anticipatory Bail.

It is alleged, for the formation of cement road and drain at Schedule Caste Colony, in Devarajapalli Village, Bagepalli Taluk, the Deputy Commissioner had granted Rs. One lakh. The petitioner and another have requested for release of the funds without completing the work. Therefore, a complaint has been lodged and a case in Crime No. 47/11 of Pathapalya Police Station has been registered for the offences punishable u/s 420 and 511 r/w Section 34 of IPC.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely complicated in the case and the petitioner is ready to abide by all the conditions to be imposed and therefore, the petitioner can be granted anticipatory bail.

As against this, the learned-HCGP submitted that the investigation is going, on and the petitioner is required for investigation as allegations of cheating has been made and therefore, the petitioner cannot be granted Anticipatory Bail.

I have carefully considered the submissions made by the learned counsel for the parties.

The point that arises for consideration is; whether the petitioner can be granted anticipatory bail?

It is relevant to note, the allegations are that for formation of cement road and drain at Scheduled Caste Colony in Devarajapalli village, Bagepalli Taluk, the Deputy Commissioner had granted Rs. One lakh. The work has not been completed. The petitioner and another have requested for release of the funds. The petitioner contends, the work is under progress and he is answerable to his higher officers. The money is yet to be released. The petitioner is available for investigation. Therefore, the petitioner can be granted anticipatory bail subject to certain conditions.

Accordingly, the petition is allowed and the petitioner is granted anticipatory bail subject to the following conditions:-

(i) In the event of his arrest in Cr. No. 47/2011 of Pathapalya Police Station, Bagepalli Taluk, the petitioner shall be released on bail on his executing a bond for a sum of Rs. 25,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

(ii) The petitioner shall not tamper with the witnesses.

(iii) The petitioner shall appear before the 10 within five days from today and shall co-operate with the 10 for investigation, as and when required.

(iv) If the petitioner violates any condition, the respondent-State can move for cancellation of the bail.

Furnish the Operative Portion of the order.