VENKATESH Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. seeking to enlarge the petitioners No.2 and 3 on bail in the event of their arrest in Crime No.390/2018 of Shorapur Police Station, for the offence punishable under Section 419, 420 R/w 34 of IPC.

(2.) It is the case of the prosecution that on 12.12.2018 one Smt. Laxmi W/o Gopal Chandanakeri lodged the complaint before the respondent-police. She has alleged in the complaint that now she is residing in Hyderabad for her livelihood and before coming to Hyderabad, she had applied for allotment of house in Shorapur Municipality in Ambedkar Housing Scheme. Thereafter, under the said scheme amount was sanctioned for constructing the house and the said amount was credited in her account in Pragati Krishna Grameen Bank, Shorapur. When she came to know that on 10.12.2018, she came to the Bank along with her husband and her brother and when she gave a withdrawal slip for drawing the said amount, the cashier of the Bank told her that in her account Rs.75,000/- has been credited on 17.11.2018 and Rs.70,000/- has been withdrawn on 29.11.2018 and there is balance of Rs.5,000/- in her account. The complainant told the cashier that she has not at all come to the Bank on 29.11.2018 for withdrawing the money. Thereafter, the Bank Manager after verifying the C.C.Camera Footage of 29.11.2018 found that the accused persons had come to the Bank and accused No.3 affixed her thumb impression by saying herself as Laxmi and withdrawn the said amount from the account of complainant. On the basis of the said complaint, the respondent-police registered the case against the accused No.1 to 3.

(3.) Petitioners have stated that they are innocent and they have nothing to do with the alleged crime and that the respondent-police in collusion with ill-wishers of the petitioners and Bank authorities have falsely implicated them in the case. Now a days banking system is totally computerized and before making any payment, the Bank authorities will verify account holders name, photo, signature and after due verification, when they are satisfied then only they will make payment. On such circumstances, the allegations against the petitioners are totally false and baseless. The learned Sessions Judge has rejected the bail petition without considering these grounds. Admittedly, C.C. Camera Footage and other documents are with the safe custody of the Bank and there is no apprehension of the prosecution of the tampering with the evidence. The petitioners are business man and agriculturist by profession. They are owning movable and immovable properties and permanent residents of Shorapur Taluk and they are ready to furnish surety and abide by the conditions which may be imposed by the Court.