LAWS(KAR)-2017-7-5

A. B. SHAILESH Vs. STATE OF KARNATAKA

Decided On July 03, 2017
A. B. Shailesh Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner apprehends arrest by the respondent - police in respect of Crime No.237/2016 registered for the offences punishable under sections 408, 409 and 420 of IPC.

(2.) The allegations in the complaint is that the petitioner works as a Senior Custodian of a Company engaged in filling up of ATMs with the currency Notes. But without filling the ATM with the money obtained by the Senior custodian, with the connivance of the co- accused, he has mis-appropriated Rs.88,63,000/-, thus cheated the company. The said fact was disclosed during the audit of 18.10.2016.

(3.) The learned counsel for the petitioner submits that the second accused was arrested and taken to police custody and a sum of Rs.48 lakhs and odd cash was recovered from his possession. In the complaint, the name of a private person Kishore, who is said to have received the misappropriated amount finds place. But, the said Kishore is not arrayed as accused and no investigation appears to have been conducted by the Investigating Officer about the involvement of Kishore. The petitioner being the Senior custodian, he was also required to adjust the money in the ATMs and between ATMs, in which much demand was there, thus there were discrepancies. He is ready to appear before the Investigating Officer and convince him about the state of affairs, if he is arrested. It is not only his career will be black marked but his entire family will have to suffer ignominy.