The court ruled that prima facie evidence supports the allegations against the petitioner, affirming that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and not for merit assessment.

ORDER :

MOHAMMAD NAWAZ, J.

Heard the learned counsel for petitioner, the learned High Court Government Pleader for Respondent No.1/ State, learned counsel for respondent no.2 /First Informant and perused the material on record.

2. This criminal petition is filed by petitioner/ accused no.2 under Section 482 of the Cr.P.C. seeking to quash the entire proceedings in C.C.No.874/2021 pending on the file of the II Additional Civil Judge and JMFC, Arsikere, arising out of Crime No.0089/2019 registered by Javagal Police Station, for the offences punishable under Sections 409 and 420 read with Section 34 of the IPC .

3. On the basis of a complaint lodged by respondent No.2 – Waikhom Loyangomba, Manager of State Bank of India, Javagal Branch, an FIR came to be registered on 02.08.2019 against Accused No.1 – Former Bank Manager, and Accused No.2 – petitioner, working as Chief Associate in the said branch.

4. Charge sheet is filed against both the accused for offence punishable under section 409 and 420 r/w 34 of IPC .

5. The case of the prosecution is that one late Sadashiva Pillai of Javagal Village had deposited his gold ornaments in the locker facility of Javagal branch of State Bank of India. The customer had kept two separate packets of gold ornaments in the locker. On verification, it was found that one of the packets containing gold ornaments weighing about 63.00 grams of a gold chain, 107.30 grams of four gold bangles, and 10.30 grams of gold ear studs (two pairs), totaling 180.60 grams, was missing from the locker. The locker in question could be opened only by using two separate keys—one held by the Bank Manager and the other by the Chief Associate. At the relevant time, Accused No.1, Branch Manager, and Accused No.2/petitioner, Chief Associate, were in charge of the locker keys. The locker could only be operated jointly in the presence of both key holders. During inspection on 23.07.2019, when the locker was checked, the gold ornaments weighing 180.60 grams were found missing. When accused Nos.1 and 2 were questioned, they failed to provide any satisfactory explanation. Therefore, it is alleged that both of them had misused their official position and dishonestly committed criminal breach of trust and cheating in respect of the said gold ornaments.

6. Learned counsel for the petitioner contended that the initiation and continuation of criminal proceedings against the petitioner are wholly misconceived and amount to a gross abuse of the process of law. It is submitted that the petitioner, who was serving as Chief Associate in the concerned branch, has been falsely implicated merely to shield the systemic lapses and administrative negligence of higher officials of the bank. The complaint and the charge sheet, even if taken at their face value, do not disclose the essential ingredients of the offences under Sections 409 and 420 of IPC , as there is no material to establish entrustment of the alleged missing gold ornaments to the petitioner or any dishonest inducement on his part. It is further contended that the FIR is vitiated by unexplained delay, and that the petitioner was on sanctioned medical leave during the relevant period, thereby negating the possibility of his involvement in the alleged acts.

7. It is further contended that contemporaneous documentary evidence, including the In and Out Register and CCTV footage dated 01.07.2019, which was produced during departmental enquiry, clearly exonerate the petitioner, as the footage does not depict him handling or removing the missing ornaments. However, such exculpatory material has been suppressed by the