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Judgment
S Vishwajith Shetty, J
The accused in Crime No.130 of 2023 registered by Bilichodu Police Station, Davangere, for the offence punishable under Sections 406 and 420 of IPC, is before this Court under Section 438 of Cr.P.C.
Heard learned counsel for both the parties.
On the basis of complaint dated 19.09.2023 lodged by Harish Gowda, Branch Manager, Bell Star Micro Finance Limited, Davangere District, FIR in Crime No.130 of 2023 was registered by Bilichodu Police Station, Davangere, against the petitioner herein for the aforesaid offences. Apprehending arrest in the said case, the petitioner has filed Crl.Misc.No.1290 of 2023 on the file of the I Additional District and Sessions Judge, Davangere, which was rejected on 27.10.2023. Therefore, he is before this Court.
Learned counsel for the petitioner submits that a false complaint has been filed by the Company after the petitioner demanded his promotion and also hike in his salary. He submits that the petitioner has served the Company from the year 2020 without any blemish. The petitioner has no criminal antecedents. He is ready and willing to co-operate with the Investigating Officer. Accordingly, he prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the bail application. He submits that during the course of investigation, the financial company has provided the complaints lodged by borrowers to the Investigating Officer, which would prima facie show that the petitioner has received huge amount from the borrowers towards repayment of loan, but the same was not credited to the loan account. Accordingly, he prays to dismiss the petition.
Undisputedly, the petitioner was working in Bell Star Micro Finance Limited ever since 2020. The allegations in the complaint is that for the period from 02.05.2023 till 26.07.2023, the petitioner allegedly had collected Rs.9,65,317/- from 105 borrowers of the finance company and without crediting the same to their account, has misappropriated the same.
From perusal of the averments made in the complaint, it is seen that the Company has not disclosed that the finance company has received any complaints from the 105 borrowers, from whom allegedly the petitioner had collected the amount of Rs.9,65,317/-. The complaints which were allegedly made by the borrowers to the finance company are made available to the Court by the learned High Court Government Pleader. From the perusal of same, it is seen that in majority of the complaints, the borrowers have stated that they have paid the amount to the petitioner towards repayment of loan amount much prior to the month of May, 2023. The allegations in the complaint with regard to misappropriation is for the period from 02.05.2023 to 26.07.2023.
Perusal of the complaints allegedly made by the borrowers would show that the petitioner had not issued any receipts towards receiving of repayment of loan amount paid by the borrowers. In normal circumstances, the receipt would be issued for the payment received towards repayment of the loan amount. The offences alleged against the petitioner are triable by the Court of Magistrate and the maximum punishment for the offences alleged is imprisonment for a period of 7 years.
The petitioner is aged 26 years and he has no criminal antecedents. The petitioner has served in the finance company for the last 3 years. Learned counsel for the petitioner has undertaken that the petitioner will co-operate with the Investigating Officer for the purpose of investigation. In the circumstances, I am of the opinion that the petitioner has made a ground for grant of anticipatory bail. Hence, the following:
ORDER
Criminal Petition is allowed.
The respondent - police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.130 of 2023 registered by Bilichodu Police Station, Davanagere, for the offences punishable under Sections 406 and 420 of IPC, subject to the following conditions:
Petitioner shall appear before the Investigating Officer on 12.12.2023 at 10.00 a.m. and if necessary, the Investigating Officer is at liberty to take him to custody on the said date for the purpose of interrogation. However, it is made clear that the petitioner shall be released by the Investigating Officer on the very same day on or before 6.00 p.m.
Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
The petitioner shall not involve in similar offences in future.