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2020 DIGILAW 289 (KAR)

S. Srinivas v. State Of Karnataka

2020-01-31

P.G.M.PATIL

body2020
JUDGMENT 1. This is an anticipatory bail petition filed under section 438 of Cr.P.C., seeking to enlarge the petitioners on bail, in the event of their arrest, in Crime No.104/2019 of Karatagi P.S., registered for the offences punishable under sections 379, 420, 406, 407, 408, 409, 107, 108, 115 and 34 of IPC. 2. The case of the prosecution in brief is that, the complainant National Collateral Management Services Limited filed a private complaint before the JMFC, Gangavathi, against the petitioners No.1 and 2 for the aforesaid offences and the said complaint was referred to the respondent police for investigation, on the basis of which the case is registered by the respondent police against the petitioners for the aforesaid offences. The complainant has stated in the complaint that there is an agreement between the complainant company and State Bank of India. The bank has appointed the complainant as its collateral agency for taking quality and quantity of paddy stored until repayment of the loan by the borrowers. It is alleged that accused No.1 approached the State Bank of India, Karatagi branch for financial assistance and pledged stock of 650 bags of paddy stored in the borrowers godown at Karatagi . The complainant visited the godown and inspected and found that there is stock of 650 bags of paddy. Thereafter the complainant issued warehouse receipt dated 24.5.2018. It is further alleged that during the godown visit by the officials of the complainant, they noticed that the pledged stock of 560 bags were illegally lifted by the borrower accused No.1 without approval of the complainant and the bank. Accused No.2 was the in charge of the godown. Therefore both the accused have committed the alleged offences. 3. The petitioners who are arraigned as accused Nos.1 and 2 in the complaint have stated that there is a delay of more than 49 days in filing the complaint. The complaint does not disclose the amount of loan borrowed by petitioner No.1. It is further stated that as on the date of lifting the bags, there were no dues by the petitioner No.1 and he had cleared the dues. The petitioners are permanent residents of the place shown in the cause title of the petition having movable and immovable properties and residing with their family members. The alleged offences are not punishable with death or imprisonment for life. The petitioners are permanent residents of the place shown in the cause title of the petition having movable and immovable properties and residing with their family members. The alleged offences are not punishable with death or imprisonment for life. They are ready and willing to abide by the conditions, which may be imposed by the Court and also to furnish adequate surety to the satisfaction of the Court. 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader. 5. As can be seen from the allegations in the complaint, the complainant company is a collateral agency for taking quality and quantity of paddy stored in pursuance of the agreement between the complainant and the State Bank of India, Karatagi branch. Nowhere in the complaint it is alleged that the petitioner No.1 has borrowed the particular sum of money from the bank and it was not repaid. Unless such a case is made out, there was no impediment for the petitioner for lifting paddy belonging to him from the godown. 6. The complainant has also not stated as to the contractual obligations between itself and the accused persons. Even if there is a contractual obligation between them, for breach of the contractual obligation it cannot be held that the alleged offences are made out against the petitioners. There is no grievance of the State Bank of India, Karatagi branch, from whom the petitioner No.1 had borrowed loan and that it was not repaid and without consent of the bank pledged paddy bags were removed illegally. It is not disputed that the petitioners are permanent residents of Karatagi in Koppal district and having movable and immovable properties. Therefore there is no chance of their absconding. The custodial interrogation of the petitioners is not required in the case. 7. Under these circumstances this Court is of the considered opinion that the petitioners may be enlarged on anticipatory bail by imposing necessary conditions, to see that they shall not abscond, shall not tamper with the prosecution witnesses and shall co-operate in the investigation. Accordingly this Court proceed to pass the following: ORDER The anticipatory bail petition filed under section 438 of Cr.P.C. of is allowed. The petitioners are ordered to be released on bail in the event of their arrest in Crime No.104/2019 of Karatagi P.S., on the following conditions. Accordingly this Court proceed to pass the following: ORDER The anticipatory bail petition filed under section 438 of Cr.P.C. of is allowed. The petitioners are ordered to be released on bail in the event of their arrest in Crime No.104/2019 of Karatagi P.S., on the following conditions. i) The petitioners shall appear and surrender themselves before the investigating officer within 10 days from the date of receipt of certified copy of this order and shall furnish a personal bond for a sum of Rs.50,000/- each, with a surety for the like sum to the satisfaction of the investigating officer. ii) The petitioners shall not threaten or tamper with the prosecution witnesses in any manner. iii) The petitioners shall co-operate with the investigating officer to complete the investigation and shall also mark their attendance before the SHO of Karatagi Police Station on every 2nd and 4th Sunday of the month between 10.00 a.m. and 5.00 p.m., till the final report is filed. iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission.