CRL.P/7532/2012 of S PRABHAKARA Vs THE STATE OF KARNATAKA on 28 December 2012

ORDER

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 4/71 read with Section 34 of|the IPC,

2. Apprehending arrest, he seeks for a direction torelease Nim on ball.

3 WHeard both sides.

4. State has opposed the bail petition.

5. Tne records reveal that one Guruprasad Rai,|President, Sanakaranagar Credit Co-operative Society,|Bangalore, nas lodged a complaint on 17.11.2012, allegingduring the year 2011-12 upto April and May 2012, a sum)of Rs.2,02,50,920/- was misappropriated. It was found outonly through the audit conducted as Kiran Kumar and)

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otners|arealleged|COnaveindulgedinSUCN|misappropriation. ©

6. Tne 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 ne is in Judicial Custody whilethe present accused has not been arrested.

7. According to the prosecution, one K.V. Prasnantn, a clerk has misappropriated a sum of Rs.1.00 crore andother accused Kiran Kumar has misappropriated the.balance amount. So far as this petitioner is concerned, itis alleged being the secretary he nas failed to discharge|nis duties resulting in such crime.

8. No doubt, misappropriation is more than a sum ofrupees two crores, but the complainant himself has allegedthat Kiran Kumar and Prabnakar are the main offenders,|who have misappropriated the amount. As far as thepetitioner is concerned, ne has been indicted on the.ground that he has failed to discharge his duties inpreventingSUCN|10SS COthesociety.Intnesecircumstances, without expressing any opinion on merit, I)

am satisfied as the material requires to be examined ondocumentary evidence whicn is already in the possession.of the prosecution and the petitioner may not succeed intampering the same. Besides, as there is no allegation tnat.he is a beneficiary of the amount misappropriated, I aminclined to accept tne bail petition.

9. Hence, the bail petition is allowed on the followingconditions;

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.nis appearance, the investigating officer may arrest him)and shall release him on bail on nis executing a pond 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 interrogationwithout causing any impediment in the investigation.

iii) He shall not leave the jurisdiction of the Trial.Court without prior permission.

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