Sri C.N. Krishnakumar vs State of Karnataka

N. Ananda, J.—The petitioner has sought Anticipatory Bail in Crime No. 71/2013 pending investigation for offences punishable under Sections 406, 409 and 420 IPC. Heard learned counsel for petitioner and learned Government Advocate for the State.

The petitioner was working as a Post Master in Channenahalli Post Office, Midigeshi Hobli, Madhugiri Taluk, Tumkur District during 2007-2009. The petitioner having collected money from the depositors had not credited the same to the Savings Bank accounts of depositors.

The details furnished in the first information are as follows:

S.B. A/c No. 418776 of Sri. Hanumantharaya

The departmental enquiry was held against petitioner and sanction to prosecute him was obtained and the first information was lodged on 08.08.2013.

The learned counsel for petitioner would submit that there is inordinate delay in lodging the first information. The necessary incriminating documents are collected and produced in the Departmental enquiry, therefore, custodial interrogation of petitioner is not necessary.

This submission cannot be accepted for more than one reason. The petitioner is alleged to have committed offences punishable under Sections 406, 409 and 420 IPC. In the circumstances, custodial interrogation of petitioner is necessary for proper investigation of the case. At this stage, there are no reasons to suspect the contents of first information. It is not the case of petitioner that first informant had any grudge or ill will against the petitioner.

It is true that there is delay in lodging the first information however, the first informant has stated that after obtaining sanction from the higher authorities, he had lodged the first information against petitioner. In the circumstances, the submission of learned counsel that there is inordinate delay in lodging the first information cannot be accepted at this stage of the case. Therefore, the petition is dismissed.