Lakshmikanth Gowda vs The State of Karnataka

A.V. Chandrashekara, J.—1. Heard the learned counsel for the petitioner and learned HCGP.

Petitioner is accused in a criminal case in Crime No. 1731/15 on the file of Madivala police station, a case registered for the offences punishable under Sections 408 and 420, I.P.C. He is injudicial custody and seeks regular bail under Section 439, Cr.P.C. The case against him came to be registered on 11.9.2015.

The case of the prosecution is that the petitioner was working as Team Leader in ICICI Bank Regional Processing Centre at Bommanahalli, Bengaluru. He was in charge of outward clearing. He is stated to have applied for leave from 3.9.2015 stating that he was shifting his residence. Thereafter he did not report for duty. In spite of the best efforts of the bank authorities, he was not available for contact over phone. On verification of accounts, it was found that there was misappropriation of funds to the tune of Rs. 70.00 lakhs in the office account and this is stated to have been done by this petitioner. It is alleged that he had transferred the aforesaid amount to his personal account and subsequently withdrew the same for his personal use and thereby committed the offences alleged against him.

Learned HCGP has filed detailed objections to the bail application on the ground that prima facie is forthcoming in regard to the serious allegation of misappropriating the bank amount by dubious means, and that investigation is still in progress and that many vital information will have to be unearthed. If he is let out on bail, it will be very difficult to unearth details and know the details of other persons involved in the crime, is his contention. Hence he requests this court to dismiss the bail petition.

The petitioner had approached this court seeking anticipatory bail application under Section 438, Cr.P.C. in Crl.P.7457/15 which was dismissed by order dated 17.11.2015 granting liberty to approach this court after surrendering before the police. Hence he has filed this bail petition before this court under Section 439, Cr.P.C. after surrendering before the police.

Perused the case diary furnished by the learned HCGP. Major portion of the investigation is over. The case diary discloses that this petitioner had withdrawn a sum of Rs. 12,51,113/- from Account No. 035705500291 and got the said amount transferred to his account and later on withdrew the same through debit card. It is also forthcoming that he has opened a courier office in Adugodi in the name of Vinaykumar and Sajjin under the name and style of GSN Couriers. Details of the account from which he has withdrawn the amounts are furnished by the learned HCGP.

Admittedly the petitioner had been taken to police custody and was subjected to custodial interrogation. Consequent upon certain information disclosed while in police custody, several recoveries have been made. Car bearing No. KA-03-MN-4499 which was allegedly purchased out of the funds illegally siphoned off from the bank is also seized. Substantial portion of the investigation is also over. He is presently residing in Bengaluru at Viveknagar. He has undertaken to obey any condition that may be imposed upon him. The offences alleged are neither punishable with death nor imprisonment for life and are exclusively triable by the Metropolitan Magistrate court. Thus the apprehension of the learned HCGP could be suitably met by imposing conditions.

In the result, the following order is passed:

ORDER

The petition filed under Section 439, Cr.P.C. is allowed. Petitioner is ordered to be released on bail subject to the following conditions:

a) He shall execute a personal bond for a sum of Rs. 5,00,000/- (rupees five lakhs only) with two sureties for the like sum to the satisfaction of the concerned court;

b) He shall not tamper or attempt to tamper any of the prosecution witnesses;

c) He shall not hold out threats to the prosecution witnesses or lure them in any manner;

d) He shall not involve himself in any criminal activities;

e) He shall mark attendance at the jurisdictional police station twice in a week on every Wednesday and Sunday between 9 a.m. to 5 p.m. till the submission of final report and thereafter once in a week on every Sunday between 9 a.m. to 5 p.m. without fail for a period of one year, if charge sheet is filed;

f) He shall attend the court on all dates of hearing in case charge sheet were to be filed;

g) He shall not leave the country except with the previous permission of the concerned court;

h) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail."