AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioners are accused Nos.2 and 4 in Crime No.182/2019. FIR is registered under Sections 465, 468, 419 and 420 of IPC.
Investigation is in progress. Petitioners were arrested on 16.12.2019 based on the voluntary statement of accused No.1.
The allegations made in the complaint are that without the consent of the complainant, a sum of Rs.47,53,000/- standing to the credit of the complainant in Karnataka Bank SB A/c No.0642500300005701 was found transferred to the account of accused No.1. FIR was registered against accused No.1 and the bank officials of the Karnataka Bank, Mahalakshmipuram, Branch. There were no allegations whatsoever at the earliest instance regarding the involvement of the petitioners in the alleged offences. It is solely on the basis of the statement made by accused No.1 that the account details of the complainant were given to the other accused persons by accused No.5 (Manager of Karnataka Bank), these petitioners have been implicated in the alleged offences. For the purpose of investigation into these allegations, the custody of the petitioners is not required. It is submitted that accused No.1 is already enlarged on bail by orders of the trial Court in Crl. Misc. No.11728/2019 dated 14.01.2020. The applications of the petitioners (accused Nos.2 and 4) were rejected by the Sessions Court mainly for the reason that the investigation was in progress.
The allegations made in the FIR are required to be substantiated through documentary evidence which are available either with the Karnataka Bank or with the bank wherein accounts of the respective accused are maintained. Since substantial investigation has already been completed and the petitioners are in custody since 16.12.2019, having regard to the nature of the allegations leveled against the petitioners, in my view, it is not proper to extend the custody of the petitioners any further.
Petition therefore deserves to be allowed.
Accordingly, the criminal petition is allowed.
i) Petitioners/accused Nos.2 and 4 are ordered to be enlarged on bail on furnishing a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the jurisdictional court.
ii) Petitioners shall appear before the court as and when required.
iii) Petitioners shall not threaten or allure the prosecution witnesses in whatsoever manner.
iv) Petitioners shall not get involved in similar offences.
v) Petitioners shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.