IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION NO.8155/2018 C/W CRIMINAL PETITION NO.8680/2018 CRIMINAL PETITION NO.8681/2018 AND CRIMINAL PETITION NO.9145/2018 IN CRL.P. NO.8155/2018 BETWEEN:
NIRANJANA G.S, S/O. C.SHESHAIAH, AGED ABOUT 49 YEARS, OCC: BANK MANAGER BILIKERE BRANCH, BILIKERE HUNSUR TALUK, R/AT NO.217, NEW KANTHARAJ URS ROAD, SHARADADEVINAGAR, MYSURU DISTRICT-570023. …PETITIONER (BY SRI C.H.JADHAV, SENIOR COUNSEL FOR SRI. K.V.THIMMAIAH, ADVOCATE.) AND:
THE STATE OF KARNATAKA, BY THE POLICE OF BILIKERE POLICE STATION, MYSURU DISTRICT-571103 REPRESENTED BY, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560001. ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.343/2018 OF BILIKERE P.S., MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409,471,477A,420 R/W 34 OF IPC.
IN CRL.P. NO.8680/2018 BETWEEN SRI RAMAPPA POOJAR, S/O BHEEMAPPA POOJAR, AGED 30 YEARS, R/AT #108, 1ST FLOOR, PRIMER METRO POLICE APARTMENT, JAYALAKSHMIPURAM, MYSURU-570012. ... PETITIONER (BY SRI M. B. CHANDRA CHOODA, ADV.) AND THE STATE OF KARNATAKA BY BILIKERE POLICE STATION, MYSURU DISTRICT, REP. BY: THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT ANNEX BUILDING, BENGALURU-560001. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.343/2018 REGISTERED BY BILIKERE POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409,471,477(A) AND 420 R/W 34 OF IPC.
IN CRL.P. NO.8681/2018 BETWEEN SRI RAMAPPA POOJAR, S/O BHEEMAPPA POOJAR, AGED 30 YEARS, R/AT #108, 1ST FLOOR, PRIMER METRO POLICE APARTMENT, JAYALAKSHMIPURAM, MYSURU-570012. ... PETITIONER (BY SRI M. B. CHANDRA CHOODA, ADV.) AND THE STATE OF KARNATAKA BY HUNSUR TOWN POLICE STATION, MYSURU DISTRICT, REP. BY:
THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT ANNEX BUILDING, BENGALURU-560001. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP.) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.377/2018 OF HUNUSUR TOWN P.S., MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406,408,420,465,468,471,506,109 R/W 34 OF IPC.
IN CRL. P. NO.9145/2018 BETWEEN:
1. A J NAVEEN KUMAR, S/O A S JAYARAMEGOWDA, AGED ABOUT 42 YEARS, R/AT ANKANAHALLI VILLAGE, SALIGRAMA HOBLI, KR NAGAR TALUK, MYSURU DISTRICT-571604, NOW WORKING AS SUPERVISOR, HUNSUR BRANCH, MDCC BANK PIN-571105 2. B B KRISHNA, S/O B BASAVARAJEGOWDA, AGED ABOUT 40 YEARS, R/AT BEKKARE VILLAGE, PERIYAPATNA TALUK, MYSURU DISTRICT-571107 NOW WORKING AS SUPERVISOR, HUNSUR BRANCH, MDCC BANK PIN-571105 ... PETITIONERS (BY SRI B.ROOPESHA, ADV.) AND STATE BY HUNSUR TOWN POLICE STATION – 571105, REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT, BENGALURU-560001. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.377/2018 OF HUNUSUR TOWN POLICE STATION, MYSORE CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 408, 420, 465, 468, 471, 506, 109 R/W 34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Criminal Petition Nos.8155/2018 and 8680/2018 have been filed by petitioner-accused Nos.1 and 2 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.343/2018 of Bilikere police station. Criminal Petition Nos.8681/2018 and 9145/2018 have been filed by petitioner-accused Nos.1 to 3 to release them on anticipatory bail in Crime No.377/2018 of Hunsur Town police station for the offence punishable under Sections 406, 408, 420, 465, 468, 471, 506, 109 r/w 34 of IPC.
2. I have heard the learned Senior counsel Sri C.H. Jadhav, Sri M.B.Chandrachood and Sri B.Roopesha appearing for the petitioners in Crl.P. Nos.8155/2018, 8680/2018, 8681/2018 and 9145/2018 and learned HCGP for respondent - State.
3. Criminal petition No.8155/2018 and 8680/2018 are arising out of Crime No.343/2018 and criminal petition Nos.8681/2018 and 9145/2018 are arising out of Crime No.377/2018. Though they are under different crime numbers but the factual situations are one and the points involved are one and the same. As such, they have taken together in this order to avoid repetition of the facts of the cases.
4. The gist of the complaint reads as under:
Mysuru Chamarajanagara District Central Co- Operative Bank Ltd., is having its Head Office at Mysuru with its Branches in Mysuru and Chamarajanagara District. Likewise one such branch is situated at Bilikere village of Hunsur Taluk. Bank Manager- Head Office received several complaints from the farmers alleging that petitioner-accused No.1 - Niranjan G.S. and others have misappropriated the loan amount of the farmers, therefore, the Assistant Registrar of Co-Operative Society, Mysuru deputed Senior Assistant Officer as well as Accountant to check and verify the book of accounts of Bilikere Branch and to submit the report. Accordingly, the report is submitted in which, it is alleged that accused No.1 - Niranjan and accused No.2 – Ramappa Poojar who were working as bank Managers of Hunsur Branch have misappropriated the loan amount of farmers who are the members of Farmers Credit Co- Operative Society of Shanaboganahalli, Karimuddanahalli, Gagenahalli and Bilikere. It is further alleged that Farmers Credit Co-Operative Society members have applied for agricultural loan, for advancement of loan at Mysuru Chamarajnagara District Central Co-Operative Bank Ltd., which is a leading bank through which loans are sanctioned and the amount will be remitted to the said branch and the bank manager in turn has to credit the loan amount of the farmers to their respective savings accounts. But accused persons who are the employees of the said banks have misappropriated the said amount to the extent of Rs.13,75,92,487/- by crediting loan amount to their personal accounts and have withdrawn such huge amount without following the procedure and on the basis of the complaint, a case has been registered.
5. It is the submission of the learned Senior counsel appearing for accused No.1 in Crl.P. No.8155/2018 that whenever the loan has been sanctioned, it has to be credited to the accounts of the farmers. He further submitted that no farmers have complained against the act of the accused persons and no audit has taken place and even the audit report does not point out that there is misappropriation of the amount. He further submitted that there is no financial transactions connecting to the accused. The accused persons are respectable members of the society and that they are ready to co-operate with the investigation, if they are released on bail and they are ready to abide by the conditions imposed on them by this Court and ready to offer sureties.
6. Learned counsel who is appearing for accused Nos.1 and 2 in Crl.P. Nos.8681/2018 and 8680/2018 vehemently argued and submitted that no audit has taken place and it is only on the basis of the investigation done by the Assistant Registrar of Co-operative Society, the said complaint has been filed. He further submitted that accused No.2 is a subordinate official, no financial transactions have taken place under him. He further submitted that the audit report and other things which have been taken place clearly go to show that no financial transactions have taken place under these accused person and the farmers have claimed the waiver of the loan and the same has been waived by accepting the claim. Records show that no such misappropriation of the funds in the said bank. It is further submitted that the alleged offence is not punishable with death or imprisonment for life, they are ready to abide by the conditions imposed on them by this Court and ready to offer sureties.
7. Sri Roopesh, learned counsel appearing for accused Nos.2 and 3 in Crl.P. No.9145/2018 submitted that as against accused No.2 there is no allegation except he has only filled up the challan at the request and no overt acts committed by him. Insofar as the amount is concerned, no amount has been credited to the account of the accused No.2, that itself clearly goes to show that they being employees they have held as accused persons. They are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release them on bail.
8. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused are absconding from the day when the complaint has been registered and the complaint clearly goes to show that the alleged audit has taken place and accused persons have misappropriated huge amount. He further submitted that though the amount has been released, the said amount has not been credited to the accounts of the farmers. He further submitted that the said amount has been credited to their individual account and the same has been withdrawn by the petitioners - accused persons. The transactions which have taken place clearly goes to show that there is huge amount of misappropriation by the accused persons. He further submitted, at this juncture, if they are enlarged on bail, they may tamper the prosecution evidence and may abscond and they may not be available for trial and the amount which has been misappropriated cannot be recovered from the possession of the accused. On these grounds, he prayed to dismiss the petition.
9. I have carefully and cautiously gone through the submission made by the learned counsel appearing for the petitioner and learned counsel appearing for respondent – State and perused the records.
10. During the course of arguments, it is contended that the amount has been released and the same is going to be credited to the accounts of the farmers and no farmers have complained against the act of the accused persons. Though learned counsel for the petitioners submitted that no audit has taken place but as could be seen from the complaint, it clearly goes to show that after receipt of the complaint, the Assistant Registrar of the Co-Operative Society, Mysuru has deputed Senior Assistant Officer as well as the Accountant to check and verify the book of accounts and after verification of the said records, they have given a report stating that there is misappropriation of the loan amount of the farmers who are the members of the Farmers Credit Co-Operative Society. Under the above said facts and circumstances, it cannot be said that no complaint received from any farmers, no audit was done in this behalf. It is well settled that the court should be circumspect and careful while considering the application for bail. Court has to find out whether there are indeed genuine and serious allegations if it does find that such allegation exist and are clearly made out then accused persons are not entitled to bail. On careful consideration of the records made available, Crores of amount has been misappropriated from the said bank by using their position. Though it is submitted during the course of arguments that farmers have claimed the waiver and the said amount have already been cleared and the same has been accepted, that is a matter which has to be considered and appreciated only at the time of trial. I am aware of the fact that the alleged offence is not punishable with death or imprisonment for life but when the amount which has been given to the Credit Co- Operative Society, which is a public money has been misappropriated and the same has been credited to their individual accounts, under what circumstance such a huge amount has been credited to their individual account has not been properly explained by the accused persons. Though, at this stage detailed enquiry is not necessary, but the court has to see the role of each of the accused. Records show that during the said period, accused No.1 was the Branch Manager and other accused persons were working under him. There is probabilities for having played the role along with main accused persons. All the transactions have taken in collusion with each other when they were working in the said bank. Even records show that amount has been credited in some crores to wrong accounts, bonds have not been discharged. Everyday balance while crediting has not tallied. By going through the records there is prima-facie material as against the accused persons. Still the investigation is in progress, then under such circumstances, the petitioners are not entitled for anticipatory bail and these are not fit cases to exercise power under Section 438 of Cr.P.C. to release the accused – petitioners on anticipatory bail. While the Court exercise the power under Section 438 of Cr.P.C. to keep the public interest and the gravity of the offence in that light also the petitions are not entertained.
11. Under such circumstance, the petitions stand dismissed, but however, the above observation will not come in the way, if they surrender before the Court and move the court for regular bail.
12. As the criminal petitions are dismissed I.A.1/2018 filed for interim bail in Crl.P. No.8155/2018 does not survive for consideration.
Sd/-
JUDGE BS CT-HR