DATTATRAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Apprehending his arrest in Crime No.251/2022 of Vidyagiri Police Station for the offences punishable under Ss. 406, 409, 420 read with Sec. 34 of Indian Penal Code (for short, ' IPC '), petitioner has come up with this petition u/sec.438 Cr.P.C. seeking anticipatory bail.

(2.) In support of the petition, petitioner has contended that he is innocent of the offences alleged and not at all involved. His name does not appear in the complaint or FIR. However, the Investigating Officer has issued a letter to the Bank Manager, Hubballi Urban Bank, Manjunath Nagar Branch, Hubballi on 1/4/2023 seeking information about his account and details of transactions. The respondent police have started harassing the petitioner, who is a businessman stating that he is involved in the above case and threatening to arrest him. They are making frequent calls. Petitioner is a law abiding citizen. If he is arrested, his reputation would be spoiled. Petitioner is in no way concerned or involved in the alleged offences. He is the only earning member of the family. If apprehended, his family members would be put to great hardship. He is ready to abide by any conditions that may be imposed and pray to allow the petition.

(3.) Learned HCGP submitted oral objections and also relied upon the objections filed to the earlier petitions filed by some of the accused in Criminal Petition Nos.100291/2023 c/w 100287, 100288, 100289 and 100290 of 2023 and Criminal Petition No.101176/2023 and also relied upon the objections filed by the Investigating Officer to the anticipatory bail filed by the petitioner before the trial Court and submitted that during the course of investigation, the Investigating Officer came to know that petitioner who temporarily worked as an outsource in the office of SLAO with accused No.1, is also involved and responsible for double payments made by the government and that he has received rupees one crore and with that purchased two JCBs and also other movable property and in order to investigate all these aspects, his custodial presence is required and prays to reject the petition.