ARUNABHA BANDYOPADHYAY Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) The petitioner/6th accused, is charge sheeted along with co-accused in respect of the offence punishable under Section 306 read with Section 34 of IPC.

(2.) The allegation of the prosecution is, the accused No.2 and 4 took the title deed pertaining to the house property from the father of the complainant viz. Late Venkatesh; in connivance with the co-accused fabricated the documents pertaining to said property in the name of 1st accused and availed a loan of Rs.8.40 Lakhs(Rupees Eight Lakhs Forty Thousand Only) from the State Bank of Travancore. Thereafter, the Bank Authority and also accused persons started pestering the deceased Venkatesh which drove him to frustration so as to commit a suicide. At the relevant point of time, the petitioner herein was working as Manager in State Bank of Travancore and 5th accused was the Field Officer.

(3.) Sri C.H. Jadhav, learned Senior Counsel for Smt. Rashmi Jadhav, appearing for the petitioner submits that the petitioner being the Bank Manager was not the final authority to sanction the loan. At the relevant point of time, A1-Siddana Gowda applied for loan on the basis of the documents which is now alleged to be false document created on the basis of the title deed that stood in the name of the deceased M.R. Venkatesh. His role was limited only to the extent of physical inspection of the property described in the documents, and to issue an Inspection and Valuation Report. After Title Clearance Certificate given by the advocate, he inspected the house. He was transferred from State Bank of Travancore on 05.06.2007 and deceased Venkatesh committed suicide on 29.06.2009. Subsequent to his transfer, he had no communication of whatever nature with the deceased. His name was not mentioned in the FIR and statements of the witnesses will not make out a case of abetment. In view of the nature of his duty, he could not be present at Bengaluru for a long stretch of time. The initiation of the criminal proceedings against him has resulted in deterioration of his health condition. Assuming that the entire charge sheet material is true and real, no case under Section 306 of IPC is made out against him. The continuation of criminal proceedings against him amounts to abuse process of law and liable to be quashed.