IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8277 OF 2018 BETWEEN:
MADHUSUDHAN K. S/O KRISHNA RAO AGE : 62 YEARS OCC: RETD. BANK EMPLOYEE R/O NO.206 B, 53RD CROSS, 4TH BLOCK, RAJAJI NAGAR BANGALORE – 560 010 ...PETITIONER (BY SRI N.P.SINGRI., ADV.) AND STATE OF KARNATAKA THROUGH KORATAGERE POLICE REP. BY S.P.P.
HIGH COURT BUILDING VIDHAN VEEDHI BANGALORE – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.168/2018 OF KORATAGERE POLICE STATION, TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 408, 409, 420 R/W 37 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.8 in Crime No.168/2018 of Koratagere Police Station, Tumakuru.
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 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. Petitioner was the Manager of the said Bank at relevant time. It is alleged that during the course of discharge of his 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 `16,91,000/- during the period 27.10.2014 to 03.08.2018.
4. The allegation against the petitioner is that he was responsible for clearing transaction worth of `45,000/- and accused No.1 is the beneficiary of the said transaction. Whether the petitioner cleared that transaction in the routine course or he shared criminal intention with accused No.1 in clearing the transaction has to be decided on trial.
5. This Court in Criminal Petition No.8071/2018 c/w Crl.P.Nos.8224/2018, 8226/2018, 8227/2018, 8228/2018, 8229/2018 has granted anticipatory bail to accused Nos.2 to 7. On the ground of parity also, the petitioner is entitled to bail. Therefore, the petition is allowed.
The petitioner is granted anticipatory bail in Crime No.168/2018 of Koratagere Police Station, Tumakuru, subject to the following conditions:
(i) The petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of `50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/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 in any manner.
Sd/- JUDGE KNM/-