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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF JULY, 2020

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL PETITION No.2965/2020

BETWEEN:

KRISHNAPPA,
S/O LATE DHARMAPPA,
AGED ABOUT 59 YEARS,
PERMANENT RESIDENT OF
#296/2, DCM LAYOUT,
(NEAR DCM BUS STOP)
APMC POST,
DAVANAGERE-570033.

PRESENTLY WORKING AS
SENIOR COMMANDANT KSRP CHIEF OFFICE,
NRUPATHUNGA ROAD,
BENGALURU-560 001. …PETITIONER

(BY SRI. ADITYA SONDHI, SR. ADVOCATE

FOR SRI. ABHISHEK A., ADVOCATE)

AND:

STATE OF KARNATAKA,
THE STATION HOUSE OFFICER,
SHANTHIGRAMA POLICE STATION,
HASSAN RURAL CIRCLE, HASSAN,
REP. BY PUBLIC PROSECUTOR. …RESPONDENT

(BY SRI. K. NAGESHWARAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CR.NO.75/2020 OF
SHANTHIGRAMA POLICE STATION, HASSAN FOR THE
OFFENCE P/U/S 403, 406, 409, 420, 465, 468, 34 OF IPC
AND ETC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT
BENGALURU MADE THE FOLLOWING:

ORDER

This matter is taken up through Video

Conference today.

2. Learned Senior counsel Sri. Aditya Sondhi,

appearing on behalf of Sri. Abhishek, learned counsel

for petitioner and Sri. K. Nageshwarappa, Learned

HCGP for respondent are present.

3. The petition is filed under Section 438 of

Cr.P.C. wherein the petitioner seeks grant of

anticipatory bail in the event of his arrest in Crime

No.75/2020 registered for the offence punishable

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under sections 403, 406, 409, 420, 465, 468 and r/w

34 of the respondent Shanthigrama Police Station,

Hassan.

4. It is the case of the prosecution that there

was an internal audit conducted by Central Office of

KSRP during the period between 02.03.2020 and

03.03.2020 for the period covering January 2015 and

November 2016 and a sum of Rs.1,25,18,876/- was

detected to have been misappropriated in the 11th

battalion of KSRP in Hassan. By virtue of the said

report, the Assistant Administrative Officer of ADGP

office, KSRP, Bengaluru, gave complaint on

21.05.2020 against the accused. In the complaint, the

petitioner is accused No.6. The other details of the FIR

are that a case is registered in Cr.No.75/2020 on

21.05.2020 for the offence punishable under Sections

403, 406, 409, 420, 465, 468 r/w Section 34 of IPC.

It is registered against seven persons and petitioner is

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shown at Sl.No.06 of the FIR, after the complaint is

lodged from the side of Additional Director General of

Police, KSRP.

5. It is stated that the misappropriation and

cheating came to light only after internal audit and the

complaint filed pursuant to the audit report. The

complaint is signed by Assistant Administrative Officer

on 21.05.2020 for the aforesaid offence.

6. Learned Senior counsel for petitioner

Sri. Aditya Sondhi, appearing on behalf of

Sri.Abhishek, learned counsel for petitioner, would

submit that it was the petitioner alone who lodged the

complaint to bring the matter to light and sought for

inspection. It was also submitted that the petitioner

has completed 23 years of service and the same has

been unblemished. Earlier the petitioner is stated to

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have been working in Bengaluru division and now that

he has been transferred to Hassan.

7. Learned HCGP submits that the petitioner

is hesitating to come before the investigation officer

and has not cooperated for the investigation. He

would further submit that the petitioner has

misappropriated the public money and has abused the

trust and faith.

8. The matter is stated to be under

investigation. Learned senior counsel for the petitioner

would submit that the petitioner is ready to abide by

all conditions that is going to be imposed by this court

for his release and offer surety. He would further

submit that the petitioner has unblemished record of

service. The petitioner is a Government official

working as Senior Commandant, KSRP. It is to be

noted that as a bureaucrat gets higher hierarchy in

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the system, responsibility and the degree of vigil

increase more proportionately. Consequence of lapse

or self desire on his part will make him more

accountable and responsible from several corners. The

allegation is against the persons who are entrusted

with cash and discretion.

9. The complaint is lodged by independent

official. With all that, it is to be noted that the

petitioner is still in service. The question of remaining

in service and other formalities, he will be allowed. In

the circumstances, the matter required to be

adjudicated during the trial regarding the presence of

ingredients. It is the foregone conclusion that the

petitioner finally becomes accountable and responsible

for the loss. There are spaces that provides for

recovery from him.

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10. In the over all circumstances, petitioner is

stated to be aged 59 years. Considering the pandemic

Covid-19 and other factors with realities, I find if the

petitioner is granted bail, no prejudice will be caused

to the prosecution and apprehension of prosecution

could be resolved by imposing suitable conditions.

11. Accordingly, petition is allowed. Petitioner

is entitled to be enlarged on bail in the event of his

arrest in Cr.No.75/2020 registered by respondent-

police against him for the offences punishable under

Sections 403, 406, 409, 420, 465, 468 r/w 34 of IPC,

subject to the following conditions:

i) The petitioner-accused shall execute a

personal bond for Rs.2,00,000/- with a surety
of a person possessing immovable properties
for the likesum.
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ii) The petitioner-accused shall not terrorize the

witnesses or tamper with the prosecution
witnesses in any manner.

iii) The petitioner-accused shall mark his

attendance before the Investigating Officer of
the above case on every 1st and 4th Saturday
of every month between 7.00 p.m. to 8:00
p.m. till the completion of investigation.

iv) The petitioner-accused shall attend the

custodial interrogation.

v) The petitioner-accused shall not come into

contact with any of prosecution witnesses.

Sd/-
JUDGE

HJ