SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused No.1 under Sec. 438 of Cr.P.C. seeking anticipatory bail in Crime No.179/2022 of Sirguppa police station, registered for the offences punishable under Ss. 406 , 420 of IPC.

(2.) The case of the prosecution is that, the Municipal Council, Town Municipality, Shirguppa has filed a complaint stating that, the petitioner/accused who is a Class-I Contractor has undertaken the work of Rs.31,97,575.00 and GST Rs.3,83,709.00, totally amounting to Rs.35,81,285.00 on 1/1/2022. He commenced the execution of the work from 10/2/2022 and completed the work on 18/4/2022 and Rs.13,70,773.00 was paid to him for execution of sewerage works. The complainant has received the report from the Inspection team of Kalyana Karnataka Development Board and sent a requisition through the complainant to the Deputy Commissioner to release the remaining balance amount of Rs.21,16,926.00. When the Executive Engineer, District Urban Development Cell, Ballari, inspected the spot on 1/7/2022, he noticed that, less than 75 mm density work asphalting, instead of 50 mm asphalting (BM) and 25 mm (SDBC) as per estimate list has been used and the petitioner/accused executed the poor work without using prescribed quality material and found execution of 10 MPA work instead of M20 grade concrete. Therefore, a complaint came to be filed against this petitioner and it came to be registered in Shirguppa police station Crime No.179/2022 for the offences punishable under Ss. 406 , 420 of IPC. The petitioner apprehending his arrest has filed Criminal Misc. No.624/2022 seeking anticipatory bail and the same came to be rejected by the Principal District and Sessions Judge, Ballari, by order dtd. 16/9/2022. Therefore, the petitioner is before this Court seeking bail.

(3.) Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent- State.