TEJARAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 438 of Code of Criminal Procedure seeking grant of anticipatory bail in Crime No.113/2019 of Aurad Police Station for the offences punishable under Sections 409 and 420 of Indian Penal Code.

(2.) The brief contention of the petitioner is that complaint was lodged by one Sahebgouda Mulimani, Regional Officer, KGB Bank Bidar alleging that Revenappa Garampalli who is the Manager of Aurad Branch from 15.05.2017 to 28.01.2019 having some lapses in his duty. Therefore, he was suspended on 29.01.2019. Thereafter one Srinivas was posted to the Aurad (B) Branch of Krishna Gramin Bank. Later it came to his notice that there was no records in respect of loan transaction of 12 persons and one Madappa a customer of said branch had approached the branch to enquiry of his outstanding amount in his account. At that time he noticed that a sum of Rs.7,00,000/- was transferred from his account to another account on 22.10.2018. He gave an complaint that he had neither issued any cheque or transferred any amount. He has denied his signature on the withdrawal challan. So, on the basis of complaint one M. Guruprasadrao was appointed to make enquiry. Then he submitted his report that without being any documents, fake crop loan were credited in the name of 12 persons by misusing their power colluding with other persons. The officials of bank have misappropriated the amount to the tune of Rs.17.55 lakhs. They misappropriated the funds and cheated the bank. The amount of Rs.7,00,000/- was transferred to the account of this petitioner-Tejarao and with the help of others and ATM cards the said amount was withdrawn. So, complaint came to be lodged by the said regional manager. On the basis of complaint, the police have registered the case in Crime No.113/2019 at Aurad Police Station for the offences punishable under Sections 409 and 420 of Indian Penal Code.

(3.) The learned counsel for the petitioner contended that the learned Prl. District and Sessions Judge has rejected the anticipatory bail petition. So, petitioner has filed this petition on the ground that petitioner is innocent person, he had not committed such offence as alleged in the complaint. The petitioner has not withdrawn any amount as alleged by the complainant, but the Bank officials who was the Manager with intention to cheat his bank has misappropriated the amount. Therefore, the alleged allegation against the petitioner not attracted to him. It is the staff who has withdrawn the amount. There is no material to show that the petitioner has withdrawn the amount. It is further stated that the petitioner under takes that he will co-operate the investigation. The petitioner is young and there is no way him to misappropriate the amount. The petitioner is permanent resident of Aurad (B). The alleged offences are not punishable with death or imprisonment for life. The petitioner is ready and willing to abide by any condition. He further contended that accused Nos.1 and 2 already granted anticipatory bail by this Court in Criminal Petition Nos.201483/2019 and 201534/2019 dated 20.12.2019. So, on these main grounds, the petitioner prays to allow the petition.