B.M. KRISHNAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by the petitioner accused No. 1 under Section 438 of the Cr.P.C. seeking anticipatory bail to direct the respondent police to release the petitioner on bail in the event of arrest of the petitioner for the offence punishable under Sections 120B, 409, 420, 477A of IPC registered in respondent police station Crime No. 346/2013. The brief facts of the case as per the averments of the complaint that there was difference in clearing collection amount of Syndicate Bank, Bidadi branch to the tune of Rs. 1.87 crores. Since April 2012 various discrepancies are absorbed as unadjusted entries in clearing collection account from 09-04-2012 to 19-09-2013, as the branch Manager neither deposited inward clearing cheques nor return to the service branch. Though the branch Manager and Assistant Manager were looking after the entire transaction, the branch Manager being the custodian of funds of the branch deliberately, dishonestly, fraudulently falsifying the books of account colluding with certain customers and defrauded the bank to the tune of Rs. 2,03,69,000/- and on the basis of the said complaint the case has been registered against the petitioner and other accused persons.

(2.) Heard the learned counsel appearing for the petitioner accused No. 1 and also the learned Government Pleader for the respondent State.

(3.) The learned counsel for the petitioner during the course of his argument submitted that the petitioner is innocent and he has not committed any offence. The other accused persons were already granted bail by the trial court. The counsel made the submission that the only allegation against the petitioner that whenever the information is sought in respect of the accounts for clearance of the cheques within 12 hours the Branch Manager is suppose to give the information and in this case the Branch Manager has not at all committed any offence. The learned counsel further made the submission that the petitioner is ready to co-operate the investigating officer and by imposing any reasonable conditions petition may be allowed.