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V. SRISHANANDA
T. Subhash – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri.Tigadi Veeranna Gadigeppa, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the records.
2. The present petition is filed under Section 439 Cr.P.C with the following prayer:
'WHEREFORE, the Petitioner most humbly prays that this Hon'ble Court may be pleased to allow the Petition by granting him Bail in Sadashivanagara Police Station Crime No:193/2018 for the offences punishable under Sections 120B, 420, 468, 471 R/w 149 of Indian Penal Code, 1860 pending on the files of the learned XXXIX additional Chief Metropolitan Magistrate, Bengaluru in the interest of justice.'
3. The brief facts of the case are as under:
a complaint came to be lodged by Sri.T.Nagaraju, Chief Manager of State Bank of India on 06.12.2018, which came to be registered as a criminal case in Sadashivanagara Police Station in Crime No.193/2018 on 06.12.2018 for the following offences:
'Sections 120B, 149, 471, 468 and 420 of Indian Penal Code, 1860.'
4. The gist of the complaint averments is that; a Demand Draft bearing No.421301 in a sum of Rs.9,69,22,610/- drawn on Saptasagara Souharda Credit Co-operative Limited was
The main legal point established is that the lack of wrongful loss and the limited role of the accused in the alleged offense can be grounds for granting bail.
The change in circumstances, including the framing of charges and commencement of evidence recording, can influence the decision to grant bail.
The pursuit of education and upcoming exams can be considered as grounds for granting bail, even in the presence of a pending investigation and opposition from the prosecution.
The necessity of custodial investigation and the petitioner's cooperation with the Investigating Agency in a case involving serious allegations of financial scam and negligence in discharging duty.
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