Criminal Petition No. 5242 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5242 OF 2025 BETWEEN: SRI ANNAPPA, S/O LATE SIDDAIAH, AGED ABOUT 74 YEARS, R/AT MIG-85, 2ND CROSS, 2ND MAIN, FIRST STAGE, SHARADEVINAGAR, MYSURU - 570 001. Digitally signed by KAVYA R Location: High Court of Karnataka …PETITIONER (BY SRI. PRAKASH M PATIL., ADVOCATE) AND:
Legal Reasoning
THE STATE OF KARNATAKA, BY MADDUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT
Legal Reasoning
(BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 OF BNSS) PRAYING TO ENLARGING THE PETITIONER ON BAIL, IN CC.NO.1077/2009 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, MADDUR, (CR.NO.31 OF 2004) FOR THE OFFENCE P/U/S.409 OF IPC. - 2 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in C.C.No.1077/2009 pending before the Court of II Additional Civil Judge and JMFC, Maddur, arising out of Crime No.31/2004 registered by Maddur Police Station, Mandya District, for offence punishable under Section 409 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.31/2004 was registered by Maddur Police Station, Mandya District against the petitioner herein for the aforesaid offence, based on the first information dated 01.03.2004 received from Executive Officer of Taluk Panchayath, Maddur, wherein it is alleged that petitioner who was working as Executive Officer of Taluk Panchayath, Maddur for the period of - 3 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR 01.08.1998 to 16.06.1999 had misappropriated a total sum of Rs.31,79,861/- by committing fraud. In the said case, investigation was completed and charge sheet was filed on 09.01.2009. Since the petitioner was allegedly absconding and had not appeared before the trial Court inspite of issuing summons against him, coercive steps were taken against him and his presence was ultimately secured by the Court on 04.02.2025 and on the said date he was remanded to judicial custody. Bail application filed by the petitioner before the trial Court in C.C.No.1077/2009 and also before the Jurisdictional Sessions Court in Crl.Misc.No.125/2025 were rejected. Therefore, petitioner is before this Court. 4. Learned Counsel for the petitioner submits that petitioner is a retired government servant who is now aged about 74 years. He has no criminal antecedents and is in custody for the last more than four months. The State has now filed a suit in O.S.No.83/2024 for recovery of the alleged misappropriated amount. Investigation of the case - 4 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR is already completed and therefore, petitioner's custody is no more required. He submits that summons was not served in the present case at any stage on the petitioner and he has appeared before the Civil Court in O.S.No.83/2024 and has been contesting the suit. Accordingly, he prays to allow this petition. 5. Per contra, learned HCGP has opposed the petition. He submits that with great difficulty petitioner's presence was secured and in the event petitioner is enlarged on bail he is likely to flee away from justice. Accordingly, he prays to dismiss this petition. 6. Allegation against the petitioner is that he had misappropriated the amount to the tune of Rs.31,79,861/- during the period from 01.08.1998 to 16.06.1999 when he was working as a Executive Officer in the office of Taluk Panchayath, Maddur. FIR was registered against the petitioner in Crime No.31/2004 on the basis of the complaint received from the then Executive Officer of - 5 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR Taluk Panchayath, Maddur on 01.03.2004. According to the petitioner at no point of time he had received any summons from the trial Court and he was all along residing in the address shown in the cause-title. Petitioner has been served in the very same address in O.S.No.83/2024 and learned Counsel for the petitioner had submitted that petitioner has entered appearance in O.S.No.83/2024 and he has been contesting the said suit. So far as the present criminal case is concerned, investigation of the case is already completed and charge sheet has been filed. All the documents based on which charge sheet is filed are in the custody of the respondent. Therefore, there cannot be any apprehension that the petitioner who is a retired government servant is likely to tamper with the material documents. Petitioner aged about 74 years is in custody for the last four months. Considering the aforesaid aspects of the matter, I am of the opinion that prayer made by the petitioner for grant of - 6 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in C.C.No.1077/2009 pending before the Court of II Additional Civil Judge and JMFC, Maddur, arising out of Crime No.31/2004 registered by Maddur Police Station, Mandya District, for offences punishable under Sections 409 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - NC: 2025:KHC:18823 CRL.P No. 5242 of 2025 HC-KAR c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 53