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2025 DIGILAW 861 (KAR)

Smt. Veena, W/o Rajesh. N v. State of Karnataka

2025-07-09

S.VISHWAJITH SHETTY

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ORDER : S Vishwajith Shetty, J. 1. Accused Nos.2 to 4 in Crime No.81/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offences punishable under Sections 316(5), 318(2), 318(4) read with Section 3(5) of BNS, 2023, are before this Court in these three petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.81/2025 was registered by Chamarajanagar Town Police Station, Chamarajanagar, for the  aforesaid offences against one Ravi Kiran and others based on the first information dated 13.05.2025 received from Seetharama S, who is the Regional Manager of State Bank of India, Regional Office, Chamarajanagar. Petitioners herein are arraigned as accused Nos.2 to 4 in the FIR. Apprehending arrest in the case, they had filed bail applications before the jurisdictional Sessions Court which were rejected. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions has prayed to allow the petitions. 5. Per contra, learned Addl. SPP who has opposed the petitions submits that petitioners are holding responsible post in the Bank and there is an allegation that a sum of Rs.18 lakhs has been misappropriated in the Bank. Accused are liable to answer the same since they were on duty at the relevant period. She submits that in the event, petitioners are enlarged on bail, the same would send wrong message to the Society. Accordingly, she prays to dismiss the petitions. 6. Accused No.2 was working as a Service Manager and she was the joint custodian of the cash in the Branch Office of the Bank. Accused No.3 was working as Branch Manager and accused No.4 was working as a Cash Officer in the Branch Office of State Bank of India, Car Street Branch, Chamarajanagar. It is alleged in the first information that during the course of internal audit, it was found that for the period from 03.05.2025 to 09.05.2025, totally a sum of Rs.18 lakhs was found short in the branch office of the State Bank of India. As per the complaint averments, from 01.03.2025 onwards accused No.4 Kavali Naresh and accused No.2 Smt. Veena were in-charge as Cash Officers and joint custodian of the cash and accused No.3 was the Branch Manager. 7. As per the complaint averments, from 01.03.2025 onwards accused No.4 Kavali Naresh and accused No.2 Smt. Veena were in-charge as Cash Officers and joint custodian of the cash and accused No.3 was the Branch Manager. 7. The material on record would go to show that on 07.03.2025 and 15.04.2025, accused No.4 who was the Cash Officer in the Branch Office at the relevant point of time had brought to the notice of the Chief Manager about the shortage in cash. It appears that no action was taken inspite of accused No.4 bringing to the notice of the Chief Manager about the shortage of cash in the Branch Office of the Bank. Annexure-F is a copy of notice issued by the Bank to accused No.2 and a perusal of the same would go to show that allegation is made against her that inspite of accused No.4 Kavali Naresh bringing to her notice about shortage of cash in the Branch Office, she had failed to take appropriate action and there is no allegation either against accused No.2 or as against accused No.4 in the said notice about misappropriating any amount. It appears that allegation against them is about dereliction of duty and not misappropriation. Petitioners do not have any criminal antecedents and they have undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 8. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.81/2025 registered by Chamarajanagar Town Police Station, Chamarajanagar, for the offences punishable under Sections 316(5), 318(2), 318(4) read with Section 3(5) of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future.