Vasantkumar Auradi vs The State of Karnataka

B. Manohar, J.—This petition is filed u/s 438 Code of Criminal Procedure seeking for anticipatory bail in Crime No. 43/2011 of station Bazar police station, Gulbarga, for the offences punishable under Sections 406, 420, 471 r/w 149 of IPC.

The case of the prosecution is that the District Social Welfare Officer, Gulbarga filed a complaint before the station Bazar Police station, gulbarga, alleging misappropriation of funds of Social Welfare Department by the Petitioner and other officers. On the basis of the said complaint, a case has been registered u/s 420 r/w 149 IPC. On the apprehension of arrest, the Petitioner approached the Sessions Judge, Gulbarga seeking for anticipatory bail. The Sessions Court rejected the said bail application on the ground that the enquiry has not yet been completed. Hence, the Petitioner approached this Court seeking for anticipatory bail.

The Petitioner has contended that he is working as a Taluk Social Welfare Officer. He has been falsely implicated in the case and he has not misappropriated the funds of Social Welfare Department. He was working in Social Welfare department from 30.07.2010 to 21.12.2010. The District Social Welfare Officer has lodged a complaint alleging that he has involved in misappropriation of funds without holing any enquiry. Hence, the Petitioner caught for grant of anticipatory bail.

On the other hand the HCGP argued in support of the order passed by the Sessions court and Contended that the Petitioner is involved in misappropriation of funds to the tune of Rs. 2,61,97,878/-. The investigation is still going on. At this stage, if the anticipatory bail is granted and released on bail the Petitioner is likely to tamper the prosecution witnesses and sought for rejection of the petition for the anticipatory bail.

I have carefully considered the arguments addressed by the parties and perused the documents and complaint.

It is not in dispute that the Petitioner is working as a Taluk Social Welfare Office. His Case is that he was working from 30.7.2010 to 21.12.2010. The allegation in the complaint is that Taluk Social Welfare Officer, in collusion with other 28 institutions Presidents and head masters bogus bill has been prepared to the tune of Rs. 10,07,500/- and also used the money which was meant for the stipend to the students for the purpose of repair of the building Since the Petitioner is a government employee, and that he is also transferred from the said place the question of tampering of any of the documents does not arise. Whether the Petitioner has misappropriated the funds of Social Welfare Department has to be decided in a trial. Hence, the Petitioner is entitled for the bail with stringent conditions.

Accordingly, the criminal petition is allowed. The Petitioner is ordered to be released on bail its the event of his arrest, on his executing a personal bond for a sum of Rs. 50,000/- with two solvent sureties for the like sum to the satisfaction of the arresting authority subject to following conditions:

(i) Than the Petitioner shall attend the Police Station once in fifteen days between 10.00 to 11.00 am at Station Bazaar Police Station, Gulbarga.

(ii) Hs shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iii) The anticipatory bail is only for a period of forty-five (45) days to enable the Petitioner to obtain the regular bail.