DR. YOGANAND A Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under section 439 of Cr.P.C., 1973 seeking bail in Crime No.18/2018 registered for the offences punishable under Sections 406, 408, 415, 420 r/w 34 of IPC.

(2.) The substance of the complaint is that on 12.09.2018 at about 11.00 a.m., one Sri Dr.H.N.Jagannath Reddy, registered VTU "Jnana Sangam" Belagavi has lodged a written complaint before the CEN police station, Belagavi, stating that petitioner accused No.1. herein is working as Assistant Professor as Coordinator to supervise the supply and installation of the lab equipments. It is stated in the complaint that VTU called for a tender for purchase and installation of lab equipments from the competent bidders through online on 28.12.2013 worth more than fifteen crores. The M/s Chritiani Sharpline Technical Training Pvt. Ltd., Mumbai has emerged as the lowest bidder in the said online tender and agreed to supply the equipments for Rs. 14,99,17,779/-. Thereafter, by letter dated 19.08.2014, VTU issued a work order to M/s. Christiani Sharpline Technical Training Pvt. Ltd., Mumbai. As per the tender/purchase order clauses, the payment has to be released after the inspection of third party, appointed by University. The supplier M/s. Christiani Sharpline Technical Training Pvt. Ltd., Mumbai has supplied the lab equipment to VTU. The lab equipments has to be installed under the supervision of the person appointed by the University.

(3.) The allegation is that the petitioner has recommended to release the part payment before the installation of lab equipments and third party inspection. Based on his recommendation, the then Vice Chancellor Dr.H. Maheshappa, the then Registrar and Finance Officer, Dr. K.E.Prakash and the then Resident Engineer Dr. B.C.Shantappa, have released the amount on 10.07.2015, without verifying whether the equipments have been installed or not and third party inspection carried out or not. In fact, those lab equipments have not been installed until today. Hence, he lodged the complaint and case came to be registered for the offence punishable under Sections 406, 408, 415 and 420 r/w 34 of IPC.