M. Harish vs State of Karnataka

A.S. Pachhapure, J.—It is alleged that the Petitioner was employed in B.S.S. Micro Finance Pvt. Ltd., Madhugiri, in the year 2009 as Trainee Center Manager. The institution had taken a decision to advance loan to the poor village women and also to take deposits. The Petitioner was entrusted with the duty to disburse loan and also to collect the deposited amount. It is thereafter that on 13.01.2011, the Petitioner went to his native place by applying leave and hence, the work was entrusted to another officer. At that time, it has come to light that the Petitioner has created false documents and committed breach of trust by misusing an amount of Rs. . 93,500-00. Further investigation was ordered to know the actual amount which has been misused. A complaint was filed on behalf of the institution and the same was registered. Therefore, the Petitioner apprehends his arrest.

The learned Counsel for the Petitioner would contend that the Petitioner is not the only person, who was entrusted with the duty of collecting the deposits and disbursing the loan and that a false case has been filed against him. There is no material so far as the offence is committed. Hence he submits that the Petitioner may be granted anticipatory bail.

As could be seen from the allegations in the complaint, it is stated that the Petitioner is prima facie responsible for misuse of Rs. . 93,500-00 of the institution and the enquiry is to be concluded to know the actual amount and it may be still more. So, taking into consideration the circumstances seated in the complaint and as the actual misused amount is net yet confirmed, I think it is in the interest of justice, the Petitioner deserves grant of anticipatory bail for a limited period. In the circumstances, I proceed to pass the following:

ORDER

In the circumstances, the petition is allowed. The Petitioner is granted anticipatory bail for a period of one month from today and in the event of his arrest within the said period, he shall be released on bail on his executing a personal bond for a sum of Rs. . 50, 000-00 with one solvent surety for the likesum to the satisfaction of the arresting authority with further following conditions:

1) The Petitioner shall appear before the Police station concerned, within 3 [three] days from today.

2) The Petitioner shall be made available for interrogation by a police officer as and when he is required.

3) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) He shall attend the Court as and when directed.

5) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. until expiry of the anticipatory bail.

6) He is at liberty to move an application u/s 437/439 Code of Criminal Procedure and the Court which considers the application shall dispose of the same on merits as the total amount of misappropriation is not yet finalized.