Karnataka High Court
Sri. H G Gangaraju vs The State Of Karnataka on 20 November, 2018
Equivalent citations: AIRONLINE 2018 KAR 2330
1 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE Mrs. JUSTICE K.S. MUDAGAL
CRIMINAL PETITION No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018, 8227/2018,
8228/2018, 8229/2018
Crl.P. No. 8071/2018
BETWEEN :
Sri. H.G. Gangaraju
S/o. Gangappa
Aged about 45 years
Occ. Single Window Operator
State Bank of India
Holavanahalli Branch
R/a. Holavanahalli
Koratagere Taluk
Tumkur - 572 121. ... PETITIONER
(By Sri. S.V. Lakshminarayana, ADV.)
AND :
The State of Karnataka
By Koratagere Police
Koratagere Taluk
Tumkur District
2 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
Rep. by State Public Prosecutor
High Court Building
Bengaluru - 560 001. ... RESPONDENT
(By Sri. Nazrulla Khan, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. WITH A PRAYER TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME No. 168/2018 OF KORATAGERE POLICE STATION,
TUMAKURU FOR THE OFFENCES PUNISHABLE UNDER
SECTION 408, 409, 420, 37 OF IPC.
Crl.P. No. 8224/2018
BETWEEN :
Sri. Vimal B.S.
Aged 34 years
S/o. M.B. Somanna
Occ. Single Window Operator
State Bank of India
R/a. Holavanahalli
Koratagere Taluk
Tumkur District - 572 101
Karnataka. ... PETITIONER
(By Sri. Kiran Kumar, ADV.)
AND :
The State of Karnataka
By Station House Officer
Koratagere Police Station
Rep. by its Public Prosecutor
3 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
High Court of Karnataka
High Court Building
Bengaluru - 560 001. ... RESPONDENT
(By Sri. Nazrulla Khan, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. WITH A PRAYER TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME No. 168/2018 REGISTERED BY KORATAGERE
POLICE STATION, TUMAKURU FOR THE OFFENCES
PUNISHABLE UNDER SECTION 408, 409, 420, 37 OF IPC.
Crl.P. No. 8226/2018
BETWEEN :
Sri. Venkatesh Rajesh @
A.V. Rajesh
Aged 35 years
S/o. Ammanabrolu
Occ.
R/at
Officer on Probation
State Bank of India
Holavanahalli
Koratagere Taluk
Tumkur District - 572 101
Karnataka. ... PETITIONER
(By Sri. Kiran Kumar, ADV.)
AND :
The State of Karnataka
By Station House Officer
4 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
Koratagere Police Station
Rep. by its Public Prosecutor
High Court of Karnataka
High Court Building
Bengaluru - 560 001. ... RESPONDENT
(By Sri. Nazrulla Khan, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. WITH A PRAYER TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME No. 168/2018 REGISTERED BY KORATAGERE
POLICE STATION, TUMAKURU FOR THE OFFENCES
PUNISHABLE UNDER SECTION 408, 409, 420, 37 OF IPC.
Crl.P. No. 8227/2018
BETWEEN :
Sri. Deepesh Uchit
Deppak Uchith (as shown in FIR)
Aged 30 years
S/o. Harish Kumar
Occ.
R/at
Officer on Probation
State Bank of India
Holavanahalli
Koratagere Taluk
Tumkur District - 572 101
Karnataka. ... PETITIONER
(By Sri. Kiran Kumar, ADV.)
5 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
AND :
The State of Karnataka
By Station House Officer
Koratagere Police Station
Rep. by its Public Prosecutor
High Court of Karnataka
High Court Building
Bengaluru - 560 001. ... RESPONDENT
(By Sri. Nazrulla Khan, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. WITH A PRAYER TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME No. 168/2018 REGISTERED BY KORATAGERE
POLICE STATION, TUMAKURU FOR THE OFFENCES
PUNISHABLE UNDER SECTION 408, 409, 420, 37 OF IPC.
Crl.P. No. 8228/2018
BETWEEN :
Sri. Shivaji Rao
Aged 50 years
S/o. Rao
Occ. Single Window Operator
R/at
Single Window Operator
State Bank of India
Holavanahalli
Koratagere Taluk
Tumkur District - 572 101
Karnataka. ... PETITIONER
(By Sri. Kiran Kumar, ADV.)
6 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
AND :
The State of Karnataka
By Station House Officer
Koratagere Police Station
Rep. by its Public Prosecutor
High Court of Karnataka
High Court Building
Bengaluru - 560 001. ... RESPONDENT
(By Sri. Nazrulla Khan, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. WITH A PRAYER TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME No. 168/2018 REGISTERED BY KORATAGERE
POLICE STATION, TUMAKURU FOR THE OFFENCES
PUNISHABLE UNDER SECTION 408, 409, 420, 37 OF IPC.
Crl.P. No. 8229/2018
BETWEEN :
Sri. Sanjeev Kumar
Aged 45 years
S/o. Kumar
R/at
Single Window Operator
State Bank of India
Holavanahalli
Koratagere Taluk
Tumkur District - 572 101
Karnataka. ... PETITIONER
(By Sri. Kiran Kumar, ADV.)
7 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018,
8227/2018, 8228/2018, 8229/2018
AND :
The State of Karnataka
By Station House Officer
Koratagere Police Station
Rep. by its Public Prosecutor
High Court of Karnataka
High Court Building
Bengaluru - 560 001. ... RESPONDENT
(By Sri. Nazrulla Khan, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. WITH A PRAYER TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME No. 168/2018 REGISTERED BY KORATAGERE
POLICE STATION, TUMAKURU FOR THE OFFENCES
PUNISHABLE UNDER SECTION 408, 409, 420, 37 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER
Petitioners in these petitions are accused Nos. 2 to 7 in Crime No. 168/2018 of Koratagere Police Station.
2. One Sri. A.S. Chandrashekar, the office boy of State Bank of India is the first accused. The said case is registered against the accused for the offences punishable under Section 408, 409, 420 read with 8 Crl.P. No. 8071/2018 C/w. Crl.P. Nos. 8224/2018, 8226/2018, 8227/2018, 8228/2018, 8229/2018 Section 37 of the Indian Penal Code on the basis of the complaint of Sri. Gangadharappa M - the Branch Manager of State Bank of India, Holavanahalli Branch.
3. Petitioners were/are the Probationary Officers/ Single Window Operators/Senior Assistant of the said Bank at relevant time. It is alleged that during the course of discharge of duty, the complainant found something suspicious with the transactions in the S.B. account of first accused and on verification it was found that by forging the signatures of various customers of the said Branch of the Bank the first accused got transferred Rs.16,91,000/- during the period 27.10.2014 to 03.08.2018.
4. The allegations against the petitioners are that being employees in the Bank who were/are responsible to clear the transactions/transfer, they have cleared the same. The beneficiary of the said misappropriation is 9 Crl.P. No. 8071/2018 C/w. Crl.P. Nos. 8224/2018, 8226/2018, 8227/2018, 8228/2018, 8229/2018 the first accused. Whether these petitioners cleared those transfers in the routine course or they had any criminal intention in clearing such transactions is to be decided on trial.
5. The major offence is one under Section 409 Indian Penal Code carrying imprisonment upto life is alleged against accused No. 1. All the documents are in the custody of the Bank and the chance of the petitioners tampering them are remote. Therefore, these are fit cases to grant anticipatory bail to the petitioners.
6. The petitions are allowed. The petitioners are granted anticipatory bail in Crime No. 168/2018 of Koratagere Police Station. If they are arrested in the said case, they shall be released on bail on the following conditions:
10 Crl.P. No. 8071/2018 C/w.
Crl.P. Nos. 8224/2018, 8226/2018, 8227/2018, 8228/2018, 8229/2018
(i) The petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order.
(ii) The petitioners shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) The petitioners shall appear before the
Investigating Officer/Court as and when
required for the purpose of
investigation/enquiry/trial.
(iv) The petitioners shall not tamper the
prosecution witnesses in any manner.
7. In view of disposal of the criminal petitions, I.A. No. 1/2018 does not survive for consideration and disposed of accordingly.
Sd/-
JUDGE LRS.