##PAGE1##

- 1 -

NC: 2026:KHC:18217 CRL.RP No. 88 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL REVISION PETITION No.88 OF 2018 BETWEEN:

SRI.D.V.RAMARAO S/O LATE D VENKATARAYAPPA

AGED ABOUT 62 YEARS RESIDING AT CHIKKANAHALLI,

YELLAPURA POST, TUMKUR TALUK,

TUMKUR DISTRICT -572 102 …PETITIONER

(BY SRI HARISH N.R, ADVOCATE)

AND:

STATE OF KARNATAKA BY KALLAMBELLA POLICE STATION

TUMKUR DISTRICT -572 125 …RESPONDENT

Digitally (BY SRI K.NAGESHWARAPPA, HIGH COURT GOVERNMENT signed by R PLEADER)

MANJUN ATHA Location: THIS CRIMINAL REVISION PETITION IS FILED UNDER HIGH COURT

SECTION 397 R/W 401 CODE OF CRIMINAL PROCEDURE OF KARNATAKA PRAYING TO SET ASIDE THE ORDER DATED 28.12.2017

PASSED BY HON'BLE ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMKUR, IN CRIMINAL APPEAL NO.6/2016 AND SET ASIDE THE ORDER DATED 08.01.2016 PASSED IN C.C.No.202/2006 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, SIRA, AND ALSO ACQUIT THE PETITIONER FROM

ALL CHARGES.

- 2 -

NC: 2026:KHC:18217 CRL.RP No. 88 of 2018

HC-KAR

THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri Harish N.R., learned counsel for the revision

petitioner and Sri K. Nageshwarappa, learned High Court

Government Pleader for the respondent/State.

2. Revision petitioner is the accused who suffered an

order of conviction in C.C.No.202/2006 for the offence punishable under Section 409 of Indian Penal Code. The order of conviction and sentence was challenged before the First Appellate Court in Crl.A.No.06/2016, which came to be dismissed by considered judgment dated 28.12.2017.

Operative portion of the order of sentence reads as under:

“The accused is sentenced to undergo simple imprisonment for a period of two years and liable to pay fine of Rs.10,000/- for the offence punishable

U/sec.409 of IPC.

Bail bond and surety bond stands cancelled.

Office is directed to supply free copy of the judgment to the accused forthwith.”

- 3 -

NC: 2026:KHC:18217 CRL.RP No. 88 of 2018

HC-KAR

3. Facts in the nutshell which are utmost necessary for

disposal of the present petition are as under.

4. In respect of the misappropriation of the funds of

Primary Agriculture Co-operative Bank Limited (hereinafter referred to as ‘Bank’), Kallambella Police, based on the complaint lodged by the official of the bank registered a crime. After thorough investigation filed the charge sheet for the

offence punishable under Section 409 of Indian Penal Code. 5. Presence of the accused was secured by the learned

Trial Magistrate and charge was framed for the offence under Section 409 of Indian Penal Code. Since accused pleaded not

guilty, trial was held.

6. In order to bring home the guilt of the accused,

sixteen witnesses were examined on behalf of the prosecution as P.W.1 to P.W.16 and as many as thirty six documents were placed on record which were exhibited and marked as Ex.P1 to

Ex.P36.

7. On conclusion of recording of evidence on behalf of

the prosecution, learned Trial Magistrate recorded the accused statement as is contemplated under Section 313 of Code of

Criminal Procedure.

- 4 -

NC: 2026:KHC:18217 CRL.RP No. 88 of 2018

HC-KAR

8. Accused has denied all the incriminatory

circumstances that were put to him which is culled out from the

prosecution evidence.

9. Thereafter learned Trial Magistrate heard the

arguments of the parties noted the fact that accused was working as a secretary of the bank and there was automatic entrustment of the assets of the bank in him and between the period from 01.04.2002 to 31.03.2003, there was shortage of the funds in the accounts of the bank for which there was no proper explanation offered by the accused and thus convicted the accused for the offence under Section 409 of Indian Penal

Code and sentenced as referred to supra.

10. Accused having been aggrieved with the finding of

the guilt and order of sentence, approached the First