NALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.PC for enlarging the petitioner on bail in the event of his arrest in Crime No.01/2020 on the file of the ACMM, Bengaluru for the offences punishable under Sections 431, 441 of Karnataka Municipal Corporation Act, 1976 and Sections 409 , 420 of IPC.

(2.) The Bengaluru Metropolitan Task Force Police has registered the FIR in Crime No.01/2020 against the petitioner and other for the offences punishable under Sections 431, 441 of Karnataka Municipal Corporation Act and also under Section 409 , 420 of IPC on the complaint, lodged by Dr.Govindaraju R, Chief Accountant of BBMP, Central Office, Bengaluru. In the said complaint, it is alleged that accused Nos.1 to 3 in collusion with accused Nos.5 and 7 misappropriated an amount of Rs.4,15,17,841/-, which amount pertains to the contract of CGC Infrastructure Private Limited. The only allegation against the petitioner is that he along with accused No.5 went to Janatha Seva Co-operative Bank and opened a fake account in the name of C G Chandrappa, who is a fictitious person. Accused Nos.1 to 3 transferred the amount belonging to the BBMP to the fictitious bank account alleged to have been opened by the petitioner and accused No.5. It is further alleged that from this fake account, amount was in turn transferred to the Bank accounts of Nagesh and Gangadhar at Bank of Baroda and through the said accounts, the amount belonging to the BBMP has been withdrawn. Initially, the name of the petitioner was not shown in the first information report, but he was shown as accused No.6 in the remand application. Petitioner filed a petition under Section 438 of Cr.PC before the jurisdictional Sessions Court and the same came to be dismissed. Hence, this petition.

(3.) Learned counsel for the petitioner submits that petitioner was not in-charge of Accounts nor he has played any role in transfer of money in favour of any third person. He also submits that there are no documents to show that petitioner has opened fake account in the name of C G Chandrappa. He further submits that there are no allegations as against the petitioner for having misappropriated the money. He further submits that petitioner is working as Health Inspector in BBMP and as such he will not abscond and fully co-operate with the investigation. He further submits that accused No.2 against whom serious allegations are made, is already enlarged on bail, and as such on the ground of parity, petitioner may be granted anticipatory bail. He further submits that the petitioner is innocent and falsely implicated in the case. He further submits that he will abide by all conditions that may be imposed in the event of this Court enlarging the petitioner on bail in the event of his arrest.