Telangana High Court
Eslavath Shashikumar vs State Of Telangana on 18 July, 2024
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.7614 of 2024
ORDER :
Petitioner/accused Nos.2 to 4 have filed this petition under Section 438 of Cr.P.C. seeking anticipatory bail in Cr.No.5 of 2023 of P.S. Achampet, registered for the offences under Sections 420, 406 and 409 r/w. 34 of IPC.
2. Heard Sri B.Bhagath Sain, learned counsel for petitioners and the learned Additional Public Prosecutor appearing for the State.
3. Case of the prosecution is that the petitioners herein, who are the employees of the Bandhan Bank, have committed misappropriation of amounts on customer loan withdrawals and also have not deposited the installment amounts paid by the customers in CBS i.e., the Bank operation software, to a tune of Rs.37,98,345/-.
4. Learned counsel for petitioners submits that the petitioners herein have joined Bandhan Bank in the year 2021 as loan recovery/ office agents and their primary duty is to collect loan installments from the customers on weekly basis and deposit the said amount before accused No.1, who is the Manager of the said Bank. He further submits that the role of the petitioners herein is to perform the duties as assigned by accused No.1 and they cannot act independently. He further submits 2 JS, J Crl.P.No.7614 of 2024 that the petitioners are innocent and have been falsely implicated in the case, and hence, prayed for grant of bail.
5. The learned Additional Public Prosecutor opposed the application stating that as serious allegations are levelled against the petitioners and as the investigation is in progress and charge sheet is yet to be filed, prayed to dismiss the petition.
6. Having heard both sides and perused the material on record, it is apparent that the petitioners herein have collected amounts from the customers and without depositing the same into the Bank, they have misappropriated the said amounts for their personal use and have cheated the innocent public. Hence, this Court is of the considered view that the petitioners cannot be granted anticipatory bail at this stage.
7. In view of the above, this criminal petition is dismissed, granting liberty to the petitioners to surrender before the Court concerned and file an application for regular bail, in which event, such application be decided preferably on the same day, on its own merits, in accordance with law, without being influenced by any of the observations made in this order.
____________________ JUVVADI SRIDEVI, J Date: 18.07.2024 rev/lk