IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CRL.P.No.8126/2018 BETWEEN:
Gurunath.H.S., S/o late H.R.Shivananjappa, Aged about 62 years, 5th Cross, Balaji Layout, Mallathahalli, Bengaluru – 56. … PETITIONER (By Sri A.P.Pulakeshi, Adv.) AND:
State by Peenya Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. … RESPONDENT (By Smt. Namitha Mahesh.B.G., HCGP) This criminal petition is filed under 438 Cr.PC praying to enlarge the petitioner on bail in the event of his arrest in Crime No.450/2018 of Peenya Police Station, Bengaluru City, for the offence punishable under Sections 420, 471, 468 r/w 34 IPC.
This petition coming on for Orders, this day, the Court made the following:
ORDER 1. Peenya Police have registered Crime No.450/2018 against the petitioner and others for the offences punishable under Sections 420, 471, 468 read with 34 IPC, on the basis of the complaint lodged by B.Giridhara Prabhu, Assistant General Manager, Kaveri Grameena Bank, Regional Office, Bengaluru.
2. Petitioner was serving as Chief Manager in Kaveri Grameena Bank, Havanur Branch, from 12.05.2015 to 28.06.2017. He retired on 28.06.2017. It is alleged that between 12.05.2015 to 28.06.2017, the petitioner without properly verifying the property records, sanctioned housing loans and other secured loans to the tune of Rs.5,74,75,000/-, thereby defrauded the bank.
3. Learned High Court Government Pleader admits that before sanctioning the secured loans, the records will be processed through the legal section of the bank and only on securing the opinion of the law officer, the loans will be sanctioned.
4. The petitioner claims to have sanctioned the loans only on receiving positive legal opinion. Apart from that, all the loan transactions are based on records which are available with the bank concerned. Petitioner has already retired from the said bank. Therefore, the chances of he tampering the documents or witnesses are remote. All the offences are triable by the Magistrate. Under the circumstances, it is a fit case to grant anticipatory bail.
5. Accordingly, the petition is allowed. The petitioner is granted anticipatory bail in Crime No.450/2018 of Peenya Police Station. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.1,00,000/- and furnish two sureties in the likesum to the satisfaction of the trial Court for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KK