SANTOSH KALAPPA KAMBAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.101231/2022 is filed by accused No.2 and Criminal Petition No.101268/2022 is filed by the accused No.1 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.', for short) for granting bail in respect of Crime No.69/2022 registered by Murgod Police for the offence punishable under Ss. 380 and 457 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short).

(2.) Heard the arguments of the learned counsel for petitioners in both the petitions and learned High Court Government Pleader for respondent.

(3.) The case of the prosecution is that on the complaint of one Pramod Krishnappa Yaligar, Senior Branch Manager of DCC Bank, Murgod filed a complaint on 6/3/2022 alleging that he is working as Senior Branch Manager in the above said bank. One Santosh Nagappa Kurubar, cashier, Basavaraj Shidlingappa Hunashikatti, clerk, Bhagyashree Channabasayya Mouneshwar Math, another clerk, Bank Inspector Praveen Madiwalappa Kotagi, Suresh Parasappa Vakkund, sipayi and night security guard Mantrappa Veerabhandrappa Mantrannavar all working in the said bank. On 5/3/2022, while closing the bank, they counted the cash and it was Rs.4,41,89,996.00 kept in the locker and 693.51 grams of gold ornaments in the safe locker and one key was with him and another key was with cashier Santosh. He left to the home and next day in the morning, he got information at 8.00 a.m. that bank was robbed by some persons. Immediately he came to the bank and verified the locker and found that out of cash of Rs.4,41,89,996.00 there was only Rs.4,30,996.00 and out of 693.51 grams of gold ornaments, there was only 545 grams. Thereafter, he verified and found that DVR of CCTV was also stolen. After registering the case, the police conducted investigation. During investigation, the police arrested accused No.1 i.e., petitioner in Crl.P.No.101268/2022 who is a clerk of DCC Bank and also arrested accused Nos.2 and 3 and recorded their voluntary statements and came to know that accused Nos.1 to 3 stolen the cash and gold ornaments by using the duplicate key and that the cash and gold ornaments were digged in the land of CW-20 and buried. The same was recorded by the police and subsequently the accused remanded to judicial custody. The bail petitions of the petitioners were rejected by the Trial Court as well as the District Court. Hence, they are before this Court.