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2011 DIGILAW 496 (KAR)

Shivappa O. N. v. State by Sub-Inspector of Police, Bangalore

2011-05-03

JAWAD RAHIM

body2011
Judgment : 1. Offences punishable under Sections 408 and 468 of the IPC are the charges for which Crime No.6/2011 is registered against the petitioner. He is sought to be arrested during the investigation. 2. The case is based on the reports of the Manager, State Bank of Mysore, Bhadravathi alleging that the petitioner was a Clerk in the Bank entrusted with the property, which includes cash. He is alleged to have withdrawn amounts from Account No.987522401351 and transferred it to the account of one Hanumanthappa maintained in the Branch. By doing so, he is alleged to have misappropriated sums of `13,606/-, `24,959/-, `29,973/- and `42,114/- and on such fraud being detected, he has reimbursed the same to the Bank. 3. The Investigating Officer has registered the complaint against the petitioner and is now seeking to arrest him. 4. Learned counsel for the petitioner draws my attention to the complaint where the complainant has himself mentioned that the petitioner has confessed to the alleged crime and has re-paid the amount into the respective accounts from where he had withdrawn. 5. No doubt, the allegation in the complaint would make out a prima facie case for the offence charged against him, but considering the fact that the petitioner is a permanent employee of the Bank and securing him for further investigation would not be difficult and also as the proof to establish the charge are the documents in possession of the complainant, there is no possibility of tampering the material. 6. Being of this view, petition is allowed. Petitioner is admitted to anticipatory bail subject to the following conditions: (i) The petitioner is directed to appear before the Investigating Officer incharge of investigation in Crime No.6/2011 within two weeks from now. On his appearance, the Investigating Officer may arrest him but he shall be released, if he executes a bond for a sum of `50,000/- with two solvent sureties for the like sum. (ii) After the arrest and release in the manner aforesaid, the petitioner shall appear before the Investigating Officer as and when required and subject himself to interrogation. (iii) The petitioner shall not tamper or indulge or prevail upon the prosecution witnesses. (iv) The petitioner shall apply for grant of regular bail within three weeks after his arrest and release in the manner aforesaid. If the applies, the benefit of this order will continue till disposal of that petition. (iii) The petitioner shall not tamper or indulge or prevail upon the prosecution witnesses. (iv) The petitioner shall apply for grant of regular bail within three weeks after his arrest and release in the manner aforesaid. If the applies, the benefit of this order will continue till disposal of that petition. In case of default, the benefit of this order shall stand revoked and there will be no impediment for the Investigating Officer to arrest him. Petition allowed.