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2025 DAILYLAW 36270 (KAR)

SRI MANORANJAN MURMU v. THE STATE OF KARNATAKA

CRL.P/13532/2024 · 2025-02-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:5802 CRL.P No. 13532 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13532 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI MANORANJAN MURMU S/O NAMACHARAN MURMU AGED ABOUT 35 YEARS, WORKING AS CASHIER AT SANTHEMARAHALLI SBI BANK, R/O BHALUKCHUVA, DHAN SOLE POST, MURUDA TALUK, MAYUR BHANJ DISTRICT ODISSA STATE (ACCUSED IN JC) …PETITIONER (BY SMT. MANORANJINI, ADVOCATE) AND: THE STATE OF KARNATAKA SANTHEMARALLI POLICE CHAMARAJANAGARA TALUK AND DISTRICT REPTD BY, STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001 KARNATAKA …RESPONDENT (BY SRI. RANGASWAMY R, HIGH COURT GOVERNMENT PLEADER) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5802 CRL.P No. 13532 of 2024 PETITIONER ON BAIL IN CRIME NO.22/2024 DATED 22.03.2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409, 420 OF IPC AND CHARGE SHEET DATED 11.06.2024 FILED BY SANTHEMARALLI POLICE, CHAMARAJ NAGAR DISTRICT IN C.C.NO.453/2024 BEFORE THE CIVIL JUDGE AND JMFC COURT, YELANDUR, CHAMARAJANAGAR DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 417, 420 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned High Court Government Pleader for the State. Perused the material on record. 2. The F.I.R in Crime No.22/2024 is registered at Santhemarahalli Police Station, Chamarajanagar, against the petitioner for the offence punishable under Sections 409 and 420 of IPC. 3. On completion of investigation, charge sheet has been filed for the offence punishable under Sections 409, 417 and 420 of IPC. - 3 - NC: 2025:KHC:5802 CRL.P No. 13532 of 2024 4. In brief, it is the case of prosecution that the petitioner working as a State Bank of India employee i.e., as a cashier at Santhemarahalli Branch, has misappropriated a sum of Rs.26,15,920/-, which was deposited towards repayment of the loan by 62 Swasahaya Sangha members. It is alleged, petitioner by playing online game lost all the amount in between 27.10.2023 and 27.11.2023. 5. The law was set into motion by the Branch Manager, State Bank of India, Santhemarahalli branch, Chamarajanagar. The complaint is lodged on 22.03.2024. The details of the amount deposited by various persons are stated in the complaint. 6. Learned High Court Government Pleader has contended that the petitioner is a resident of State of Orissa. Therefore, if he is released on bail, he will abscond and in that event, it will be difficult to secure his presence. 7. Learned counsel appearing for the petitioner submits that the offence alleged is not punishable with death or imprisonment for life. Petitioner has been suspended from the service and therefore, the question of tampering the evidence - 4 - NC: 2025:KHC:5802 CRL.P No. 13532 of 2024 may not arise as the entire case is based on documentary evidence. He submits that the petitioner is ready and willing to abide by any conditions which may be imposed by the Court. 8. The petitioner was arrested on 23.03.2024. He is in judicial custody. According to prosecution, petitioner was working as a Cashier in State Bank of India, Santhemarahalli branch, where he has misappropriated a sum of Rs.26,15,920/-, which was deposited by various persons towards repayment of the loan taken by them. It is alleged, petitioner received the amount from the members and issued the receipts, but did not deposit the cash to their account. 9. The allegations have to be proved in due course. The offence alleged is not exclusively punishable with death or imprisonment for life. The fact that the petitioner has been suspended from service is not in dispute. Hence, by imposing suitable conditions, the petitioner can be admitted to bail. Accordingly, the following: ORDER Petition is allowed. - 5 - NC: 2025:KHC:5802 CRL.P No. 13532 of 2024 Petitioner / accused in Crime No.22/2024 of Santhemarahalli Police Station, Chamarajanagar, is ordered to be released on bail subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, out of which one shall be a local surety. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses/evidence. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on every date of hearing. Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SMA/List No.: 1 Sl No.: 18