(1.) This petition is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.68/2019 of Vidyanagar Police Station, Hubballi, for the offences punishable under Sections 403, 409, 420 read with Section 34 of IPC.
(2.) The facts leading to this petition are that on the complaint filed by the Headquarters Assistant, Office of the District Registrar, Dharwad, the respondent-police have registered the case. The allegations are that the District Registrar of Davanagere has submitted a report to the Head Office reporting irregularity i.e. reuse of Demand Drafts which were required to be submitted to the Treasury/Bank, thereby loss caused to the government exchequer to the extent of Rs.5,84,885/-. On enquiry, it was found that instead of submitting the demand drafts for collection to the Treasury/Bank as required under Rule 4(A) of Karnataka Finance Code and Rule 197 of Karnataka Registration Rules, 1965, 31 Demand Drafts have not been submitted to the Treasury, but they have been reused for some other documents which were submitted for registration. Thus, the concerned officers discharging the duty in the said office have misappropriated the funds and have committed wrongful acts of cheating. On registering the case, the police officials are making attempts to arrest the petitioner. The bail petition filed before the Sessions Court was rejected.
(3.) Heard the learned counsel for the petitioner and learned HCGP for the respondent-State, perused the prosecution papers available at this stage.