M R KHANDARE S/O RAMAPPA Vs. STATE

JUDGEMENT

(1.) The petitioners/accused Nos.1, 2 & 7 have filed this criminal petition under section 438 of Code of Criminal Procedure for grant of anticipatory bail for the offences punishable under sections 406, 408, 409, 468, 420 of Indian Penal Code, arising out of crime No.22/2018 of Kodekal police station on the basis of the complaint filed by Registrar Lokayukta dated: 07-03- 2018 against M.R.Khandare, Executive Engineer/accused No.1 and seven others more fully mentioned in the complaint for the criminal breach of trust, forgery false case of fabrication of accounts by the public servants. On the basis of the said complaint, jurisdictional police have registered a crime and initiated proceedings. The investigation is still in progress. Hence the present petition is filed for the relief sought for.

(2.) I have the learned counsel for the parties to the lis.

(3.) Sri.Avinash U.Uplaonkar learned counsel appearing for petitioners/accused persons vehemently contended that, the petitioners are innocent of the alleged offences and they have been falsely implicated, there is no other evidence to show that, the petitioners are involved in the alleged offences. A perusal of the complaint and other materials of the complaint, at the time of lodging report, no individual act has been attributed against the present petitioners/accused. The entire case is based on the documentary evidence. The custodial interrogation is not necessary. The incident occurred in the year 2011-2012 and the date of inspection done on 29-12-2016, the lapse will create genuinety of the report. Further contended that, role of the accused persons is only to release the amount against the work done by the Contractor except this, there is no role played by these petitioners/accused persons the delay in completing the work is only by the contractor Ammapur and the petitioners/accused are nothing to do with the same. The petitioners have not entrusted physical verification of every work of the entire district. Similarly placed co-accused Channabasappa Makale who is also Executive Engineer is granted bail by the learned District & Sessions Judge Yadgiri in Criminal Misc. No.200/2018 dated: 24-03- 2018. Therefore the petitioners are also entitled for grant of anticipatory bail on the ground of law of parity. The Lokayukta enquiry report dated: 09-06-2017 the petitioners are not indicated and given clean chit. There are no grounds to believe that petitioners have committed any non-bailable offences either punishable with death or imprisonment for life. The petitioners being Government officials belongs to respected family, if they are detained behind the bars then their entire family will be at stake and there are no criminal antecedents. The petitioners are permanent resident of their locality and have deep roots in the society. The petitioners are law-abiding citizens and are ready to furnish surety to the satisfaction of the court and abide by any conditions imposed by this court. Therefore sought to allow the application.