S. Prabhakara v. State of Karnataka By State Public Prosecutor
2012-12-28
JAWAD RAHIM
body2012
DigiLaw.ai
Judgment :- 1. Petitioner who is accused no.2 in Crime No.321/2012 is facing charge for offences punishable under Sections 406, 408, 409, 420, 468 and 471 read with Section 34 of the IPC. 2. Apprehending arrest, he seeks for a direction to release him on bail. 3. Heard both sides. 4. State has opposed the bail petition. 5. The records reveal that one Guruprasad Rai, President, Sahakaranagar Credit Cooperative Society, Bangalore, has lodged a complaint on 17.11.2012, alleging during the year 2011-12 upto April and May 2012, a sum of Rs.2,02,50,920/-was misappropriated. It was found out only through the audit conducted as Kiran Kumar and others are alleged to have indulged in such misappropriation. 6. The petitioner is ranked as accused no.2 on the ground that he was the secretary of the society during the relevant period. During the course of investigation, Kiran Kumar was arrested and he is in Judicial Custody while the present accused has not been arrested. 7. According to the prosecution, one K.V. Prashanth, a clerk has misappropriated a sum of Rs.1.00 crore and other accused Kiran Kumar has misappropriated the balance amount. So far as this petitioner is concerned, it is alleged being the secretary he has failed to discharge his duties resulting in such crime. 8. No doubt, misappropriation is more than a sum of rupees two crores, but the complainant himself has alleged that Kiran Kumar and Prabhakar are the main offenders, who have misappropriated the amount. As far as the petitioner is concerned, he has been indicted on the ground that he has failed to discharge his duties in preventing such loss to the society. In these circumstances, without expressing any opinion on merit, I am satisfied as the material requires to be examined on documentary evidence which is already in the possession of the prosecution and the petitioner may not succeed in tampering the same. Besides, as there is no allegation that he is a beneficiary of the amount misappropriated, I am inclined to accept the bail petition. 9.
Besides, as there is no allegation that he is a beneficiary of the amount misappropriated, I am inclined to accept the bail petition. 9. Hence, the bail petition is allowed on the following conditions; i) The petitioner is directed to appear before the investigating officer in charge of investigation in Crime No.321/12 of Kodigehalli P.S., within two weeks and on his appearance, the investigating officer may arrest him and shall release him on bail on his executing a bond in a sum of Rs.50,000/-with one solvent surety for the like sum to the satisfaction of the said officer. ii) He shall appear before the investigating officer as and when required and subject himself to interrogation without causing any impediment in the investigation. iii) He shall not leave the jurisdiction of the Trial Court without prior permission. iv) He shall not tamper the prosecution material or evidence in any manner.