R.K. MRUTHYUNJAYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this court aggrieved by the order dated 03.01.2020 passed by the III Additional District and Sessions Judge, Ballari, sitting at Hosapete in Cri.Misc.P.No.5398/2019 and other connected matters. It arises from the case registered by Hanarapanahalli Police in Crime No.156/2019 for the alleged the offences punishable under Sections 406, 409, 419, 420, 465, 468 r/w Sec 34 of IPC.

(2.) The case of the prosecution is that one K. Goni Basappa was having bank account bearing S.B. Account bearing No.10767100003970 in the Nandibevoor Branch of Axis Bank, which was converted into unclaimed account on 31.12.2013. One Sri. A. Karibasappa is also having S.B. Account bearing No.10676100003979. On 10.01.2017, an amount of Rs.2,62,440/- was remitted to the account of said A. Karibasappa through NEFT by Axis Bank. But by mistake, the said amount was remitted to the account of Goni Basappa. Realising the mistake, Axis Bank authorities, called up the complainant and requested to transfer the said amount to the account of Karibasappa.

(3.) On due enquiry, the complainant found that one Bank officer viz., Venkatesh accused No.1 had by himself upgraded his identity and re-opened the unclaimed account of Sri. K.Goni Basappa who had died on 13.06.2014 and thereafter, he withdrew the amounts from Sri. K. Goni Basappa's account. It is on the above facts that the complainant filed a complaint stating that the withdrawals done by accused No.1 were certified and verified by accused No.3 and the petitioner, who is accused No.2 verified and gave permission to withdraw the amount. It is only an account of such verification and approval that accused No.1 was able to withdraw the money from the deceased K. Goni Basappa's account. On the above basis, a complaint was filed stating that the accused colluding with others, in order to grab the monies of the bank and its customers, have fabricated the receipts, falsely created withdrawal forms, committed breach of trust by violating the terms and conditions of the Bank, etc.,