ORDER:

This petition is filed under Section 438 Cr.P.C to enlarge the petitioner/Accused on bail in the event of his arrest in connection with Crime No.74/2019 on the file of the Station House Officer, Razole Police Station, East Godavari District, registered for the offences punishable under Section 409 of Indian Penal Code (for short ‘IPC’).

2. The crime was registered against the petitioner for the above offence basing on the report lodged by Chief Manager, State Bank of India, Tatipaka Branch on 07.03.2019 alleging that while the petitioner was working as Associate in SBI, on 05.10.2017 Smt.Sarella Suvarna Kumari, Savings bank account customer brought to the notice of their Jaggampeta Branch that an amount of Rs.50,000/- and Rs.2,20,000/- were unauthorizedly drawn from her account, on 18.08.2017 and 23.08.2017 respectively and requested to refund the same. On verification they noticed that cash was withdrawn and withdrawal transaction was made through Appana Veera Babu, Associate and the said Appanna Veera Babu admitted that he withdrew the said amount and remitted the same into the account of the customer on 06.10.2017. Thus, on the basis of the complaint, the above crime was registered and it is pending for investigation.

3. The main contention of the petitioner before this Court is that the case is falsely foisted against him and that there is abnormal delay in lodging the report. The alleged incident was occurred in the month of September, 2017, whereas the complaint was lodged on 07.03.2019. The petitioner is apprehending arrest and requested to enlarge him by granting anticipatory bail.

4. Whereas, the learned Additional Public Prosecutor for the State vehemently contended that the petitioner is an employee of the Bank and he has misappropriated the money of the customers. Withdrawing the total amount of Rs.2,70,000/- from the account of Smt. Sarella Suvarna and transferring the same to some other account is sufficient to attract the offence punishable under the above Section and requested to dismiss the petition.

5. Undisputedly, the petitioner while working as an employee in the State Bank of India at Razole, allegedly had withdrawn huge amount of Rs.2,70,000/- on two dates i.e. on 18.08.2017 and on 23.08.2017 unauthorizedly. But fairly he re-deposited the amount on 06.10.2017. Thus, he has withdrawn the amount and re-deposited the same within one month 15 days from the date of withdrawal, but still it is a temporary misappropriation prima facie, but whether the petitioner had intention to misappropriate the money or not is a question to be dealt with during the trial but not at this stage. Moreover, Section 409 IPC deals with criminal breach of trust by a public servant, or by banker, or merchant, or an agent whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable for fine. The burden is upon the prosecution to prove the same that the amount was misappropriated committing breach of trust by the banker. But at this stage, this Court is not required to advert to minute details of the offence to express its opinion prima facie, the petitioner has committed the offence. At best the Court is required to see whether there is prima facie material against the petitioner to establish the involvement of the petitioner.

6. As seen from the material, withdrawing and re-depositing of the amount within one month 15 days i.e. on 06.10.2017 by itself is sufficient to conclude prima facie that the petitioner committed the breach of trust and misappropriated the amount temporarily.

7. Grant of pre-arrest bail is not a statutory obligation and while dealing with such app