In this petition filed under Section 397 r/w 401 of

Cr.P.C, petitioners who are arraigned as accused Nos.11 and

12 have challenged order dated 27.02.2023 passed in

Crl.R.P.No.52/2020 on the file of I Addl.Sessions Judge,

Kolar, reversing their discharge by the trial Court for the

offences punishable under Sections 409, 465, 468, 471, 420

r/w Section 34 IPC.

For the sake of convenience, the parties are

referred to by their rank before the trial Court.

3.

In support of the petition, accused Nos.11 and 12

have contended that they are working as a Deputy Treasury

Officer and First Division Assistant in Sub-treasury, Malur.

The allegations against them are that without proper

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verification they have passed the bills and thereby facilitated

misappropriation by other accused. Since accused Nos.11

and 12 are Government employees, as per Section 197

Cr.P.C, sanction is necessary. However, in the present case

cognizance is taken without there being any sanction ordered

by the Government. As per the charge sheet, there is lapse

or negligence on their part in issuing the cheques by passing

DC

bills.

There

are

no

allegations

that

they

have

misappropriated the amount. The Sessions Court has

committed error in setting aside the order passed by the

Magistrate. It is a fit case for interference by this Court and

prays to allow the petition, set aside the order of the

Sessions Court and restore the order of the learned

Magistrate.

4.

Learned

High

Court

Government

Pleader

supported the impugned order passed by the Sessions Court

and submitted that as evident from the charge sheet, in their

capacity as the Deputy treasury Officer and First Division

Assistant,

accused

Nos.11

and

12

have

facilitated

misappropriation to the tune of Rs.1,49,88,817/- by the

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other accused and there is prima facie material to proceed

against them. Under the guise of discharge of public duty,

accused have committed the offences alleged and such being

the case the safeguard of Section 197 Cr.P.C is not available

to them and prays to reject the petition.

5.

Heard arguments of both sides and perused on

record.

6.

CID Bengaluru has filed a charge sheet against

accused Nos.1 to 15 for the offences punishable under

Sections 409, 465, 468, 471, 420 r/w Section 34 IPC. At the

relevant point of time, accused No.1 was working as

Executive Officer, accused No.2 as Manager, accused No.3 as

Auditor, accused No.4 as First Division Assistant, accused

No.5 and accused No.6 as Junior Engineers, accused No.7 as

Second Division Assistant at Taluk Panchayath, Malur.

Accused No.8 was working as Secretary of Madiwala Gram

Panchayath, Malur Taluk, accused No.9 was working as

Manager, BCM hostel, Devalapura. Accused No.10 was

working as Deputy Secretary and accused No.15 was

working as Chief Accounts Officer at Zilla Panchayath, Kolar.

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Accused No.11 was working as Sub Treasury Officer, accused

No.12 as First Division Assistant, accused No.13 as Second

Division Assistant, accused No.14 as Second Division

Assistant at Sub Treasury Malur. Accused No.15 was working

as Chief Accounts Officer.

7.

It is alleged that during the year 2001-2002 and

2002-2003, accused No.1 was the Executive Officer, accused

No.2 was managing the branch and the cash register of Staff

section (Sibbandi shake), accused No.3 was incharge of

budget release and housing scheme, accused No.4 was in

charge of Budget grant, stamp fee and was also incharge of

11^th Finance Scheme of Taluk Panchayath, accused Nos.5

and 6 were over all incharge and maintenance of the

Projects pertaining to the Taluk Panchayath. Accused No.7

was dealing with the 10^th Finance Scheme, Ambedkar

Branch, Ashraya Samithi etc., and accused No.8 was

Secretary and in charge of appeals and other files of Malur

Grama Panchayath. All these accused have tampered DC

bills pertaining to several schemes, failed to note the exact

measurement of the work carried out with an intention to

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draw excess amount from the treasury and DC b