VASANTKUMAR S/O. DATTA TREYA AURADI Vs. THE STATE OF KARNATAKA REPRESENTED BY SPP, HONBLE HIGH COURT OF KARNATAKA, CIRCUIT BENCH

JUDGEMENT

(1.) THIS petition is filed under Section 438 Code of Criminal Procedure seeking for anticipatory bail in Crime No. 43/2011 of station Bazar police station, Gulbarga, for the offences punishable under Sections 406, 420, 471 r/w 149 of IPC.

(2.) THE case of the prosecution is that the District Social Welfare Officer, Gulbarga filed a complaint before the station Bazar Police station, gulbarga, alleging misappropriation of funds of Social Welfare Department by the Petitioner and other officers. On the basis of the said complaint, a case has been registered under Section 420 r/w 149 IPC. On the apprehension of arrest, the Petitioner approached the Sessions Judge, Gulbarga seeking for anticipatory bail. The Sessions Court rejected the said bail application on the ground that the enquiry has not yet been completed. Hence, the Petitioner approached this Court seeking for anticipatory bail.

(3.) ON the other hand the HCGP argued in support of the order passed by the Sessions court and Contended that the Petitioner is involved in misappropriation of funds to the tune of Rs. 2,61,97,878/ -. The investigation is still going on. At this stage, if the anticipatory bail is granted and released on bail the Petitioner is likely to tamper the prosecution witnesses and sought for rejection of the petition for the anticipatory bail.