ORDER

This petition under Section 438 of Cr.P.C. seeking anticipatory bail is preferred by accused No.1 in Crime No.213/2023 of Chickmagaluru Town Police Station, registered for the offence punishable under Section 420, 409 r/w 34 of IPC.

2. Heard the arguments of the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.

3. Law is set into motion by the Assistant General Manager, Regional Office, Central Bank of India, Bengaluru. On the basis of the complaint lodged by him, the aforementioned case is registered against accused No.1-Special Assistant working at Central Bank of India, Chickmagaluru Branch, accused No.2 the then Branch Manager of the said bank, accused No.3 – Branch Manager, accused No.4 – wife of accused No.2 and accused No.5 – wife of accused No.1/petitioner.

4. The sum and substance of the complaint averments are that, the Branch Office is required to submit confirmation certificate annually for reappraisal in respect of gold loans sanctioned by it to the Regional Office, but for the current year, the Central Bank of India, Chickamagalur Branch did not send any confirmation certificate, but a bill of gold appraiser for Rs.53,100/- which was not paid by the Regional Office as GST particulars were not found in the said bill and no confirmation certificate for reappraisal of gold packets was received by the Regional Office. Hence, a suspicion was entertained in respect of maintenance, reappraisal and sanctioning of gold loan at Chickamagalur Branch. Accordingly, on the instructions of the Regional Office, one Balmukund, Branch Head of Hassan Branch was instructed to conduct reappraisal by utilizing the services of the gold appraiser of Hassan Branch. The said Mr.Balmukund and one Mr.Chandrashekara K.B., gold appraiser of Hassan Branch after reappraising the existing gold loan packets in the branch premises submitted a report dated 21.10.2023, as per which out of 147 gold loan packets, 6 packets are missing and 1 packet is having original gold and 140 packets are fake gold. Thereafter, the officials of Regional Office, Bengaluru visitied Chickamagalur Branch on 22.10.2023 and engaged the services of Arsikere Branch appraiser, one Mr.Ratnakarashet and he along with Mr.Chandrashekara K.B. jointly confirmed that out of 141 gold loan packets, 6 packets are missing and 140 packets are with fake gold. Further, the Regional Office officials found a bag containing a huge number of fake jewelleries kept inside the strong room.

5. Further, it was found that accused No.4 –

Lavanya Kulluri, wife of accused No.2 has got one gold loan and accused No.5 – Swetha M, wife of accused No.1 (Petitioner) has got four gold loan accounts, however, the loan application and other loan documents of accused No.4 was not available and that of accused No.5 are all incomplete and blank. Further, the gold packets in respect of the gold loans sanctioned to accused Nos.4 and 5 contained fake ornaments. There were no seals of gold appraiser on the aforesaid gold packets and the disbursement of the loan was done without the support of vouchers etc.

6. The learned counsel for petitioner has vehemently contended that the entire allegations against the petitioner are false and baseless. Petitioner has never indulged in any kind of illegal activity. He has no official power to do any financial transaction and does not have any direct or indirect contact with any of the customers. Bank Manager is incharge of all the transactions and the petitioner is controlled and monitored by the Bank Manager. He was only on deputation from Belur Branch and working as a Special Assistant and he has no role in either sanctioning the loan or appraising of gold.

7. The learned counsel has further contended that there is an inordinate delay in registration of the FIR. The exact role played by the petitioner is not alleged in the complaint. Section 120B of the Evidence Act is not invoked and therefore, without any