IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8385/2018 BETWEEN:
Vijaykumar J., S/o Joseph Ret. Manager SBI Ret. Corporal at Indian Airforce Aged about 58 years R/a, #628-A, 17th Cross Near LIC Division-2 Office Indiranagar 2nd Stage Bengaluru-560 038.
(By Sri. Sandeep Hegde, Advocate) AND:
State of Karnataka by Koratagere Police Station Tumakur District Represented by State Public Prosecutor Office High Court Complex Bengaluru -560 001.
… Petitioner … Respondent (By Smt. Namitha Mahesh B.G., 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 punishable under Sections 408, 409, 420 r/w Section 37 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.9 to release the petitioner on anticipatory bail in Crime No.168/2018 registered by Koratagere Police Station, Tumakuru, for the offence punishable under Sections 408, 409, 420 r/w Section 37 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.
3. The gist of the complaint is that 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 and remaining accused persons in the above said Sections. It is submitted by the learned counsel for the petitioner that there were 100 suspicious transactions. The petitioner/accused was there in the Branch only for a period of six months and thre is no specific allegations against the petitioner in respect of the single transaction which has taken place during his period. He further submitted that, already under the similar facts and circumstances, the remaining Managers who have also served in the said Bank have been released on bail and on the ground of parity the present petitioner is also entitled to be released on bail.
4. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the present petitioner has also cleared some of the vouchers and he is also beneficiary along with accused No.1. She further submitted that there is misappropriation of huge amount and it clearly goes to show the criminal intention of the petitioner/accused. On these grounds, she prayed to dismiss the petition.
5. As could be seen from the contents of the complaint and other materials the petitioner/accused along with other accused persons have been charged for the offence under Section 408, 409 and 420 of IPC and records also clearly indicates that some of the accused persons have filed criminal petitions before this Court and this Court by order dated 20.11.2018 has already released them on bail by imposing some conditions.
6. Under the said facts and circumstances, I feel on the ground of parity the petitioner is also entitled to be released on anticipatory bail. Even otherwise the major offence is one under Section 409 of IPC which carries imprisonment up to life. All the documents are in the custody of the bank and the petitioner tampering the said document is very remote. Therefore, under the above said facts and circumstances, by imposing some stringent conditions if the petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
7. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail, in the event of arrest in Crime No.168/2018 of Koratagere police station for the offence punishable under Sections 408, 409 and 420 r/w Section 37 of IPC, subject to the following conditions:
i) Petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall co-operate with the Investigating Officer as and when required.
iv) He shall not tamper with the prosecution evidence in any manner.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) If the petitioner shall not surrender before the Investigating Officer within 15 days as ordered, this order shall automatically stand cancelled.
Sd/- JUDGE *AP/-