IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.4494/2019 BETWEEN 1. SATHISH KUMAR K S/O K.RANGAPPA AGED ABOUT 51 YEARS OFFICER CURRENCY CHEST CANARA BANK, KUVEMPU ROAD, OPP TO ZILLA PANCHAYAT OFFICE SHIMOGGA-577 447 R/AT – A.BLOCK, 4TH STAGE, SWAMY VIVEKANANDA EXTINCTION, SHIMOGGA-577447.
2. MANJUNATH G SHARMA S/O H.N.GOVINDA SHARMA AGED ABOUT 60 YEARS MANAGER, CANARA BANK, KUVEMPU ROAD, OPP. TO ZILLA PANCHAYAT OFFICE SHIMOGGA-577447 R/AT NANDA KISHORE NILAYA, 3RD CROSS, VINOBHA NAGAR, SHIVAMOGGA-577447.
(BY SRI DIWAKARA K, ADV.) ...PETITIONERS AND 1. STATE OF KARNATAKA BY JAYANAGARA P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-560 001.
2. H HARI RAM SHENOY DIVISIONAL MANAGER OFFICER, CANARA BANK CIRCLE OFFICE SHIVAMOGGA-577447.
(BY SRI SHOWRI H.R, HCGP) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO DIRECT TRAIL COURT CONDUCT THE TRIAL WITHIN 6 MONTHS AND FURTHER MAY BE PLEASED TO DISPOSE IT EXPEDITIOUSLY IN C.C.NO.3062/2016 FOR THE OFFENCES PUNISHABLE U/S 149,406,408,409,420 OF THE IPC PENDING ON THE FILE OF IV ADDL CIVIL JUDGE (JR DV) & JMFC-SHIMOGGA.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
2. The petitioners are accused Nos.1 and 5 in C.C.No.3062/2016 arising out of Crime No.121/2015. The case of the petitioners is that based on the complaint of one H Hari Ram Shenoy, Divisional Manager, Canara Bank, Circle Branch, Shivamogga, respondent - Police registered a case in Crime No.121/2015 on 29.09.2015 for the offence punishable under Sections 406, 408, 409, 420 and 149 of IPC. That accused Nos.1 to 5 are the employees of Canara Bank, Circle Branch, Shivamogga.
3. The allegations are that the petitioners were joint key holders along with accused No.2, who was the Senior Manager. That on 03.08.2015, a sum of Rs.31.84 crores soiled notes were remitted to the Reserve Bank of India and the same was transported in a vehicle through police protection and under the supervision of accused No.3. Further, on 25.08.2015, the Reserve Bank of India intimated the complainant that there was a shortage of notes to the tune of Rs.3,93,900/- and directed the Head Office at Bengaluru and complainant Branch to recall the currency chest at Shivamogga Circle Branch. On recounting of soiled notes in the currency chest, it was found that there was short fall of Rs.8,38,600/- apart from the aforesaid sum of Rs.3,93,900/- and the total amount of shortage being Rs.12,32,500/-. That a detailed enquiry came to be conducted by respondent No.2, and 26 employees of the Bank and CCTV footages were examined and scrutinized and thereafter, the complaint came to be lodged.
4. The case of the petitioners is that they have been in the employment of the Bank for the last 29 and 38 years respectively and till date, they have maintained clean track record. That there is no iota of evidence demonstrating the culpability of the petitioners and they have been falsely implicated. That the chargesheet was filed in the year 2016 and despite the passage of nearly five years, there has been no progress and it is prayed that speedy trial is a constitutionally guaranteed right and hence, they seek for a direction to the Trial Court to expedite the trial and dispose of the case.
5. Learned High Court Government Pleader would submit that the next date of hearing before the trial Court is 02.03.2020 and the stage is to hear before charge.
6. It is seen that petitioner No.2 is aged about 60 years and petitioner No.1 is aged about 51 years. It is submitted that the petitioners have been suspended and in the event of retirement, they would not be entitled to any emoluments in view of the pendency of the case. Hence, it is prayed that the petition be allowed and a direction be issued to the Court of IV Additional Civil Judge (Jr. Dn) and JMFC, Shivamogga to expedite the hearing and trial of the case.
7. In the considered opinion of this Court, the petitioners have made out a case for a direction to the trial Court to expedite the trial. Hence, the writ petition is disposed of with a direction to the Court of IV Additional Civil Judge (Jr. Dn) and JMFC, Shivamogga to expedite the trial and disposal of the case registered as C.C.No.3062/2016.
8. At any rate, the trial Court shall make an endeavor to dispose of the case within an outer limit of one year from the date of receipt of certified copy of this order.
A copy of this order be forwarded to the trial Court.
Sd/- JUDGE dn/-
CT-HR