ORDER

The petitioner has filed this petition under Section

439(2) r/w Section 482 of Cr.P.C. for setting aside the order dated 29.12.2023 passed by LXIII Additional City Civil and Sessions Judge, Bangaluru, in Crl.Misc.No.12203/2023 by which the anticipatory bail was granted to respondent Nos.2 to 7/accused herein, who were the petitioners before the leaned Sessions Judge.

2. Heard the learned Senior Counsel appearing for the petitioner/de facto complainant and the learned HCGP as well as the learned Senior Counsel appearing for the respondents/accused . Perused the records.

3. In fact, the first informant on behalf of M/s. Scootsy Logistics Private Limited (‘Scootsy’ for short), set the law in motion by lodging a complaint on 27.11.2023. It is alleged that, the Scootsy is a subsidiary of Bundl Technologies Private Limited (for short ‘Bundl’) and Scootsy processes the vendor payments through an account held in HDFC Bank Limited, Koramangala. Respondent No.2 is an ex-employee of the company, with a designation of a Finance Manager. The entire finance and accounting related operations were managed by him and he was an employee for the period from 06.02.2017 to 04.03.2022. It is asserted that the company noticed irregularities in the accounts during the period of September 2021 to March 2022 in view of non-payment of dues raised by the vendor of Scootsy, though it was already paid. Then the company appointed a private investigator to ascertain the fraudulent activities. Then the investigator submitted interim report on 23.11.2023, wherein the fraudulent activities of respondent No.2 along with other respondents were noticed and high lighted. It is alleged that respondent No.2 had an integral role to play in the payment process system of Scootsy set up in order to ensure proper and timely payments to the vendors. It is further asserted that the key job responsibility of respondent No.2 includes uploading the consolidated payment file into the Bank portal to initiate payment request through the bank and secondly, obtaining bank statement from the bank and sharing the same with accounting team so that they may be entered into books of accounts of Scootsy. He was also responsible for Co- ordination of all the vendor payments from the Bank and ensuring that payments were made to the vendors. He was also entrusted to access the confidential and sensitive information with respect to payments of the Company. It is alleged that respondent No.2 with full intent defrauded and siphoned more than 32 crores of the amount of the company by misusing his position and responsibilities to embezzle company funds by altering the input files received from the Accounts Payable Team (AP Team) and processing the said payment to the unauthorised third party entities i.e., respondent Nos.3 to 7/accused though they are not the vendors. It is also alleged that he has also tampered with the bank accounts of the vendors and though the names were shown to be that of vendors, but the bank accounts were manipulated and hence, it is alleged that more than 32 Crores of money was siphoned. All these irregularities are noted in interim report and on the basis of the report, a complaint was lodged regarding misappropriation to the tune of Rs.32,67,67,932/-. It is alleged that respondent No.2 by colluding with respondent Nos.3 to 7 has not only misappropriated Rs.32,67,67,932/- amount, but also cheated the company.

4. Respondent Nos.2 to 7/accused have approached the learned LXIII Additional City Civil and Sessions Judge, seeking anticipatory bail in Crl.Misc.No.12203/2023 and the learned Sessions Judge granted them anticipatory bail only on the ground that matter is still at the stage of investigation and except the interim report, there is no other documents to establish the crime and offences alleged are not punishable exclusively with the sentence of death or life imprisonment. Being aggrieved by this order of granting the bail, the petitioner/de facto complainant is