SHIVAKUMARA NAIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused No. 1 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of his arrest, he be released on bail of the offences punishable under Sections 409, 420, 465, 471, 417 of IPC registered in respondent Police Station Crime No. 147/2014.

(2.) I have heard the learned Counsel appearing for the petitioner -accused No. 1 and the learned High Court Government Pleader appearing for the respondent -State.

(3.) LEARNED Counsel appearing for the petitioner, during the course of the arguments, submitted that the petitioner is working as a Technical Assistant and he is not the person who is authorized to release the funds to the tender holders. It is his submission that before making payment, the petitioner has verified the bills properly and thereafter, the bills signed by the petitioner were counter signed by the Section Officer, who is superior to the petitioner. Hence, it is the Section Officer, BDO and Executive Officer who are all responsible for the alleged offence. The petitioner is totally unconnected with the said offence. Therefore, by imposing reasonable conditions, the petitioner may be admitted to bail.