Bangalore District Court
Ananda Katke vs Dibakar Das Purkayastha on 6 April, 2026
1
C.C.No.15218/2016
KABC030406602016
Presented on : 01-07-2016
Registered on : 01-07-2016
Decided on : 06-04-2026
Duration : 9 years, 9 months, 5 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 6th DAY OF APRIL, 2026
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.15218/2016
State by Karnataka V.V.Puram Police Station, Bengaluru.
(Represented by Sr. APP)
V/s
Accused Person Sri.Dibakar Das Purkayastha
S/o P.K.Das Purakayastha,
Aged about 55 years,
R/at Elita Promenade,
Block-B6, Flat No.17/04, 101,
Veereshwarnagar,
J.P.Nagar, 7th Phase,
Bengaluru City.
(Reptd., by Sri.G.C., Advocate)
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C.C.No.15218/2016
Name of the Sri.Anand A Katke
Complainant : Branch Manager,
State Bank of India,
No.02, Champak Mansion,
NHS Road, V.V.Puram,
Bengaluru City.
Date of offence 06.12.2011 to 06.09.2014
Date of offence reported 05.02.2015
Date of Commence of 14.08.2023
Evidence
Date of Closure of 25.11.2025
Evidence
Offence Committed Under Section 409 and 477A of IPC.
Opinion of Judge Found not guilty.
Complainant by Learned Senior Assistant Public
Prosecutor.
Accused by By Sri.G.C., Advocate
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
JUDGMENT
The PSI of Central Police Station submitted charge sheet against the accused person for the offences punishable under sections 409 and 477A of IPC.
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2. The brief facts of the prosecution case is as follows:-
The case of the prosecution is that in between 06.11.2011 to 06.09.2014 the accused person was working as a Branch Manager at State Bank of India, V.V.Puram Branch. In the said period the accused person misappropriated the banker cheques and transferred the amount from the parking account to others account and misused the said amount by paying the lockers rent who were not paid the same and also paid suspense account who were not paid their housing loan and also deposited the bankers cheque to the said bank and also shows the transactions good in the bank and thereby the accused person misused his position misappropriated an amount of Rs.14,36,797/- for his personal use and thereby the accused person has committed the criminal breach of trust and cheated the complainant and committed the above offences. After completion of the investigation the PSI of Central Police Station has filed the charge sheet against the accused person for the offences punishable under sections 409 and 477A of IPC.
3. Thereafter, the complainant has lodged the complaint in Central Police station. In turn they have registered 4 C.C.No.15218/2016 the case under Crime No.0056/2015. Thereafter, police visited the spot, drew the mahazar, secured in the presence of the accused person subsequently was enlarged on bail. Thereafter, on completion of the investigation, I.O. has submitted the charge sheet against the accused person for the above said offences. After filing the charge sheet, Court has taken cognizance of the offences against the accused person and issued summons to him.
4. The accused person has appeared before the court through his counsel. Copy of the prosecution papers were furnished under Section 207 of Code of Criminal procedure. Thereafter, heard both side, the charges framed against the accused person for the offence punishable under sections 409 and 477A of IPC. Read over and explained to the accused person was pleaded not guilty and claimed to be tried.
5. To substantiate the case of the prosecution, the prosecution has examined the six witnesses out of seven witnesses i.e., PW-1 to PW-6 and out of which CW-2 given up and got marked fifteen documents as Ex.P-1 to Ex.P-15. The statement of the accused person under Section 313 of Cr.P.C., 5 C.C.No.15218/2016 is recorded. The accused person did not choose to lead defense evidence.
6. Heard the arguments from both side and perused the deposition and documents.
7. After hearing the parties and on perusal of records, the following points arose for my consideration.
1. Whether the prosecution proves beyond all reasonable doubt that in between 06.11.2011 to 06.09.2014 the accused person was working as a Branch Manager at State Bank of India, V.V.Puram Branch. In the said period the accused person misappropriated the banker cheques and transferred the amount from the parking account to others account and misused the said amount by paying the lockers rent who were not paid the same and also paid suspense account who were not paid their housing loan and also deposited the bankers cheque to the said bank and also shows the transactions good in the bank and thereby the accused person misused his position 6 C.C.No.15218/2016 misappropriated an amount of Rs.14,36,797/- for his personal use and thereby the accused person has committed the criminal breach of trust and committed an offence punishable under sections 409 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused person In between 06.11.2011 to 06.09.2014 the accused person misappropriated the banker cheques and transferred the amount from the parking account to others account and misused the said amount by paying the lockers rent who were not paid the same and also paid suspense account who were not paid their housing loan and also deposited the bankers cheque to the said bank and also shows the false account to the branch and thereby the accused person has committed an offence punishable under sections 477A of IPC?
3. What order?
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8. Heard the arguments and perused the materials available on records.
9. My findings to the above points are as follows:
POINT No.1 : In the NEGATIVE.
POINT No.2 : In the NEGATIVE.
POINT No.3 : As per final order, for the
following:-
REASONS
10. Point Nos.1 and 2: These above points are inter- linked with each others and required similar type of appreciation of evidence, Hence, they are taken together for common discussion.
11. In support of its case, the prosecution has examined six witnesses, the PW-1 is the Retired Branch Manager, PW-2 is the Retired Clerk of SBI Bank, PW-3 is the Retired Field Officer of SBI Bank, PW-4 is the Retired ASI, PW-5 is the PSI and PW-6 is the private company employee and got marked the documents as Ex.P-1 to Ex.P-15 i.e., Ex.P-1 is the Complaint, Ex.P-2 is the Spot Mahazar, Ex.P-3 is the Cheque No.509232, Ex.P-4 is the SBI Challans, Ex.P-5 is the Transfer Vouchers, Ex.P-6 is the 8 C.C.No.15218/2016 Credit slips, Ex.P-7 is the Banker's cheques, Ex.P-8 is the Application for NEFT/RTGS Remittance, Ex.P-9 is the Term Deposit Pay In Slip, Ex.P-10 is the Term Deposit Advise, Ex.P- 11 is the FIR, Ex.P-12 to 14 are the Letters and Ex.P-15 is the copy of SBI statement.
12. The case of the prosecution is that in between 06.11.2011 to 06.09.2014 the accused person was working as a Branch Manager at State Bank of India, V.V.Puram Branch. In the said period the accused person misappropriated the banker cheques and transferred the amount from the parking account to others account and misused the said amount by paying the lockers rent who were not paid the same and also paid suspense account who were not paid their housing loan and also deposited the bankers cheque to the said bank and also shows the transactions good in the bank and thereby the accused person misused his position misappropriated an amount of Rs.14,36,797/- for his personal use and thereby the accused person has committed the criminal breach of trust and cheated the complainant and committed the above offences. After completion of the investigation the PSI of 9 C.C.No.15218/2016 Central Police Station has filed the charge sheet against the accused person for the offences punishable under sections 409 and 477A of IPC.
13. To bring the home the guilt of accused persons the prosecution has to prove the ingredients of Under Section 409 of IPC.
Sec. 409 of I P C Reads as follows:
Section 409 : Criminal breach of trust by public servant, or by banker, merchant or agent.- Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Essential ingredients:- an offence under this section has following essential ingredients ;10
C.C.No.15218/2016
1. Accused is a public servant, merchant, agent, a factor, broker or an attorney.
2. In his such capacity he was entrusted with some property or he gained dominion over such property.
3. He committed criminal breach of trust.
14. To bring the home the guilt of accused persons the prosecution has to prove the ingredients of Under Section 477A of IPC.
Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, willfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record1, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or willfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either 11 C.C.No.15218/2016 description for a term which may extend to seven years, or with fine, or with both.
15. PW-1 is the Retired Branch Manager, who has deposed in his chief examination that from 13.09.2014 to November 2016 he had been working as a Branch Manager at SBI Bank, V.V.Puram Branch and also the accused person had been worked as a Branch Manager in the same bank. Before he took incharge of the said bank internal audit was done. He further deposed that there was found 23 bankers cheque not issued to the customers when he verified the records. The above said 23 bankers cheque amount at about Rs.3,00,000/-. The out of the said 23 bankers cheque three cheques face value of note Rs.2,000/-, Rs.9,000/- and Rs.42,600/-. He don't remember the bankers cheque numbers. With regard to this matter intimate to his Senior Officer Assistant General Manager through the phone and also written a letter. He further deposed that when the Sri.Maiah came to this office and verified the records some vouchers were available after verifying them prepared detailed report. On the basis of the report the Assistant General Manager intimate it to me to register the FIR. 12
C.C.No.15218/2016 Accordingly he lodged the complaint. He identified the complaint marked as Ex.P-1 and he identified his signature is marked as Ex.P-1(a). He identified the Mahazar marked as Ex.P-2 and he identified his signature is marked as Ex.P-2(a). He further deposed that the accused person misappropriated the bankers cheque and misused the amount for his personal and thereby he cheated.
16. During the course of cross examination by the learned counsel for the accused the PW.1 admitted that when the accused person was working in the bank he was not working in the said bank. He seen the accused person first time at V.V.Puram Branch. He admitted that when he came to V.V.Puram Branch the accused person was transferred. He admitted that he don't know about the complaint in personally. He admitted that the vouchers transfer from one account to other account for the purpose of to make the balance audit. The PW-1 further deposed that the accused person did not withdraw the amount for his personal but he transferred the amount to the other accounts. He further deposed that no one customers lodged the complaint to the Police station or banks 13 C.C.No.15218/2016 with respect to misappropriation of amount in the account. The PW-1 further admitted that so many staffs working under branch Manager he don't know who put the signature to the 23 bankers cheque. He admitted that one Satyanarayana put the signature to the 14 to 24 bank vouchers. He admitted that there was mentioned regarding bank transaction from 2011 to 2014. But he don't know how many bank managers and operational manager was worked from 2011 to 2014. He admitted that the unclaimed cheques under the custody of home branch. He admitted that there is one register maintained for unclaimed cheques. He admitted that no one account holder directly lodged the complaint with respect to loss of the money. He admitted that an amount of Rs.15,14,638=42 paise is in the account of accused. He admitted that without permission of the accused open the OD account in the name of accused and transfer the money.
17. PW-2 is the Retired Clerk, SBI Bank, who has deposed in her chief examination that she was working as a Clerk of SBI Bank, V.V.Puram Branch from 2010 to 2017. She know the CW-1, 3 and 5. She don't know the CW-2. She 14 C.C.No.15218/2016 further deposed that the accused person brought one banker's cheque and he told upload and asked to money in his name. At that time she told him could not give the money. She further deposed that the Accountant passed the cheque after the accused person took money with respect to this CW-1 lodged the complaint. Further she deposed that with respect to this case the Police did not receive her statement.
18. During the course of cross examination by the learned APP pw2 admitted that the accused person was working from 06.12.2011 to 06.09.2014 as a Senior Branch Manager. She did not remember she put the signature to the 28 vouchers. She admitted that the accused person got promotion and transferred to Sadashivanagar Bank Branch. She admitted that the accused person misused the bank amount later she aware that.
19. During the course of cross examination by the learned advocate for accused pw2 admitted that before 2017 she worked 33 years at bank. She admitted that they do the work as per the bank rules. She admitted that she do the work as per the bank rules. N.P. Account means Non Performing 15 C.C.No.15218/2016 Account. She admitted that if any cheque transfer to the N.P Account the same amount is in the same account. She admitted that the accused person transferred from Assam State Gauhati District to the Bengaluru. She admitted that the accused person does not know the write and reading Kannada language. She admitted that all the bank employees knows to Kannada and English language and also they work organized she admitted that the accused person had no friends or no persons cooperated to the accused person.
20. PW-3 is the Retired Field Officer who has deposed in his chief examination that the accused person working as a Manager, V.V.Puram Branch from 2011 to 2014. The accused person does not know the Kannada language. The accused person properly not observe the customers of the bank. The accused person endorse the bankers cheques and the accused person told to him forcible passed the cheque. He further deposed that the accused person passed the two vouchers in November 2013 for Rs.24,000/- and February 2014 for Rs.39,000/-.
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21. During the course of cross examination by the learned Sr.APP pw3 admitted that the accused person got promotion and transferred to the Sadashivanagar Branch from this bank. He admitted that the accused person committed the illegal money transactions and also committed misconduct in his duty. Due to that reason the higher officer of the bank suspended to the accused person. He admitted that the accused person misused the bank accounts and also committed the cheating. He admitted that he gave the statement to the Police on dated 24.03.2015.
22. During the course of the cross examination by the accused counsel that pw3 deposed that he has B.Sc Degree Holder. He has 30 years experienced to the year 2014. He admitted that the accountant post is very responsiblee post. He admitted that the Manager sitting at upper floor and employees are sitting at ground floor. He admitted that the Manager and customers were not connected directly. He admitted that he passed the two voucher and he put the signature. He further deposed that there is no signature of the accused person what he transferred in two vouchers. He 17 C.C.No.15218/2016 further deposed that he gave the acknowledgment for amount gave to the accused person but he did not produced the acknowledgment to the Police at the time of investigation.
23. PW-4 is the Retired A.S.I, who has deposed in his chief examination that he has been working as a A.S.I. in the Central Police Station from 2014 to 2017. On 05.02.2015 at 05.00 pm he received the computer typed complaint from the CW-1 and registered the case in Crime No.56/2015 after he registered the FIR and submitted the FIR to the court and higher officer. The witness identified the signature in the Ex.P- 1 and his signature is marked as Ex.P-1(b). The witness identified the signature in the FIR marked as Ex.P-11 and identified his signature marked as Ex.P-11(a).
24. During the course of cross examination by the learned counsel for the accused the pw4 admitted that he has not conducted any preliminary investigation before accepting the complaint. He has registered the FIR. He denied the suggestion that he received the false complaint against the accused person and registered the false FIR and deposing false evidence against the accused person.
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25. PW-5 is the PSI, who has deposed in her chief examination that he received the case records from CW-6 on the basis of oral order by the Police Inspector on dated 06.02.2015. After received the case records she continued the investigation. Accordingly she drawn the spot mahazar in the presence of the complaint, CW-2 and CW-3 at V.V.Puram Branch, SBI Bank. The witness identified her signature in the Ex.P-2 and her signature is marked as Ex.P-2(b). That on 13.03.2015 she received the further statement of CW-1. She further deposed that the CW-1 issued the notice to the accused on dated 03.02.2015. The CW-1 submit the audit report regarding amount misappropriated from the accused person. That on 28.07.2015 the accused person appeared before him and submitted anticipatory bail. After she release the accused on a bail, after completion of the investigation she submitted the charge sheet before the court on 02.08.2015. That on 25.03.2015 she received the statement of CW-4 and 5.
26. During the course of cross examination by the learned counsel for the accused pw5 admitted that she received the complaint and FIR copy from the CW-6. She did not gave 19 C.C.No.15218/2016 the notice to the mahazar witness before conducting the mahazar. She denied the suggestion that the mahazar was not drawn in the incident place and created at Police station. She admitted that the Ex.P-14 is very important document. The said Ex.P-14 is the audit report. She did not wrote a letter to obtain the original copy of the Ex.P-14. The witness further stated that the complainant gave the xerox document. She admitted that if the documents are genuine the original document is very essential. She did not received the internal report from the bank from 2011 to 2014. She did not received the essential original document at the time of mahazar. She admitted that it could not identified in the signature of xerox cheque and voucher. She did not received the statement of Shashiprabha. She admitted that the serial No.6 to 13 were cleared by the Madhumathi. She admitted that Ramanath he himself withdrawn the amount.
27. PW-6 is the private company employee, who has deposed in his chief examination that on 06.02.2015 he drawn the spot mahazar place shown by the CW-1 at S.B.I Bank, V.V.Puram Branch in the presence of CW-1 and 2 in between 20 C.C.No.15218/2016 11.00 am to 12.00 pm. The said mahazar is marked as Ex.P-2 and his signature is marked as Ex.P-2(C) and he identified the accused person before the court.
28. During the course of cross examination by the learned counsel for the accused PW-6 admitted that he was working in the year January 2015 as a Office Boy in the S.B.I. V.V.Puram Branch. On 06.02.2015 and also he was working in the above said bank. He know the bank staff by name Ramanatha Babu. He don't know the above said Ramanatha Babu abused the accused person when he absent the duties. He admitted that the accused person does not know Kannada language. He further deposed that the investigation officer did not issued any notice to him to present the Mahazar.
29. In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the accused person under sections 409 and 477A of IPC. When these being the facts, I am of the opinion that in total the prosecution has failed to bring home the guilt of the accused person beyond all reasonable doubt. In view of the same, this court hold Point Nos.1 and 2 in the Negative. 21
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30. Point No.3: For the reasons stated and finding given to Point Nos.1 and 2 the following is made.
ORDER The accused person is not found guilty for the offences punishable under section 409 and 477A of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused person is hereby acquitted for the offences punishable under section 409 and 477A of IPC.
The bail bond and surety bond executed by him stand canceled.
(Directly dictated to the stenographer on computer, typed by him, revised, corrected and then pronounced by me in the open Court on this the 6th day of April, 2026).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Ananda Aruna Katake S/o Aruna Katake; 22
C.C.No.15218/2016 PW-2 : Smt.Madhamathi D.N. S/o R.Anand; PW-3 : Sri.Ramanath S/o Late Sadashivarao; PW-4 : Sri.Shivanna C.A. S/o Late Veeranna; PW-5 : Smt.Vanajakshi S/o Mohan Kumar;
PW-6 : Sri.Vasu S/o Muniswamy.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1: Complaint dated 04.02.2015;
Ex.P-1(a) : Signature of PW-1;
Ex.P-1(b) : Signature of PW-4;
Ex.P-2: Spot Mahazar;
Ex.P-2(a) : Signature of PW-1;
Ex.P-2(b) : Signature of PW-5;
Ex.P-2(c) : Signature of PW-6;
Ex.P-3: Cheque No.509232;
Ex.P-4: SBI Challans;
Ex.P-5: Transfer Vouchers;
Ex.P-6: Credit slips;
Ex.P-7: Banker's cheques;
Ex.P-8 : Application for NEFT/RTGS Remittance;
Ex.P-9 : Term Deposit Pay In Slip;
Ex.P-10 : Term Deposit Advise;
Ex.P-11 : FIR;
Ex.P-11(a) : Signature of PW-4;
Ex.P-12 : Letter dated 03.02.2015;
Ex.P-13 : Letter dated 05.12.2014;
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C.C.No.15218/2016 Ex.P-14 : Letter dated 04.12.2014;
Ex.P-15 : Copy of SBI statement.
4. List of documents exhibited for the defense:
- NIL -
5. List of Materials objects exhibited for the prosecution:
- NIL -
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.