(1.) This petition is filed by the accused under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.2/2020 of APMC Police Station, Navanagar, Hubli, registered for the offences punishable under Sections 406, 409, 477A and 420 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
(2.) The case of the prosecution is that one Sadashiva Kondana, Accounts Officer/Enforcement Officer, Regional Office Employees' Provident Funds Organization, Hubli, has filed a complaint alleging that accused No.1-Manojkumar while working as Senior Social Security Assistant in Provident Office, Navanagar had planned and executed the payment of pension arrears amount with the help of some other people even when there was no due amount to be paid as per the Employee Pension Scheme 1995 and the said payment was initiated wrongly through the application of the software by accused through some data entry operators using the user ID of another dealing Assistant and outsourced DEO's Pension arrears adjustment Module in respect of 84 pensioner during the period from 19.11.2014 to 25.08.2015 stated to have occurred EPFO, Regional Office, Navanagar, Hubballi, and out of which payment actually made to 77 pensioners and the total over payment was stated to be to the tune of Rs.16,16,000/-. The said complaint came to be registered in Crime No.2/2020 of APMC Navanagar Police Station for the offences punishable under Sections 406, 409, 477A and 420 of IPC. The petitioner apprehending his arrest, sought anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Dharwad, sitting at Hubballi in Crl.Misc.No.487/2020 by order dated 15.09.2020. Therefore, the petitioner is before this Court seeking anticipatory bail.
(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.