KABC010161302022
Presented on
Registered on
Decided on
Duration
: 16-06-2022
: 16-06-2022
: 21-06-2022
: 0 years, 0 months,
5 days
BEFORE THE LXVI ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
(CCH-67)
DATED: This the 21 st day of June, 2022
PRESENT
Sri. S. NATARAJ., BAL., LLB.
LXVI Addl.City Civil & Sessions Judge,
Bengaluru
Crl.Misc.No. 6012 of 2022
Petitioner :
Rashmi @ Rashmi Ravindra,
W/o Santhosh K.V.
Aged ;about 38 years,
R/at No.140,
Maruthi Nilaya,
4th Main, 1st Cross,
Near Ganesh Temple,
Kashinagar, Yelachenahalli,
JP Nagara 6th Phase,
Bengaluru 560 078.
(Accused No.5)
(By Sri.S.Raghunathgowda, Adv.)
/Vs/
Crl.Misc.No.6012/2022
2
Respondent :
State by:
Banashankari Police Station,
Bengaluru.
(By Public Prosecutor.)

ORDERS ON BAIL APPLICATION FILED UNDER
SEC.438 OF Cr.P.C.
Petitioner/accused No.5 filed bail petition under Section
438 Cr.P.C seeking anticipatory bail in the event of her
arrest in Cr.No.47/22 for the offences punishable under
Sections 406, 409, 420, 465, 468, 471 read with Section
34 of IPC registered by the respondent pending on the file
of 4th ACMM, Bengaluru.
2. The petitioner case in brief are as follows:
The respondent police registered case against accused
Nos.1
to
3
and
others
on
the
complaint
of
one
Jayakumar.H.K. CEO of Kempegowda Credit Co-operative
Society, Shakambari Nagara, JP Nagar, Bengaluru.

The
allegations in the complaint are false. On the basis of
complaint the respondent are making efforts to arrest the
petitioner.

The petitioner is apprehending arrest. She is
innocent of the offences alleged. The allegations in the
complaint is against accused Nos.1 and 2 who mis
Crl.Misc.No.6012/2022
3
appropriated fixed deposit amount in the year 2018-19 and
cheated the complainant society.

The name of the
petitioner is not mentioned in the complaint, she is a
stranger to the alleged crime, she is unaware of the alleged
mis appropriation. There is no material that the petitioner
is guilty of the offences alleged. The other accused persons
were already granted anticipatory bail by this Court. The
petitioner is ready and willing to abide by the conditions.
The offences are not punishable with life imprisonment or
death and prayed to allow the petition.
3. The learned Public Prosecutor filed objections with
the report of the IO stating that the petition is not
maintainable. The petitioner and other accused persons
has mis appropriated the society fixed deposit amount of
Rs.1,52,00,000/- for their personal purpose.

Accused
Nos.1 to 3 since from 2019 are mis appropriating the
amounts of the society.

Accused Nos.1 and 2 are the
officials of the society. The offence alleged against accused
is
serious,
the
amount
involved
is
huge.

Accused
No.5/petitioner is employee of the said bank. She has
conspired
with
accused
Nos.3
and
4
and
created
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Crl.Misc.No.6012/2022
documents knowing that the cheques are forged and
helped the other accused to transfer the amount and
cheated the society and prayed to dismiss the petition.
4. Heard the arguments of both sides and perused
the record.
5. Out of above said facts and circumstances of the
case, the points that arose for consideration are as under:
Point No.1: Whether the petitioner is entitled
for anticipatory bail on the
complaint
of
Sri.Jayakumar
registered by the respondent?
Point No.2: What Order?
6. My answer to the above points are as under:
Point No.1: In the affirmative
Point No.2: As per the final order for the
following reasons.:
REASONS
7. Point No.1: On considering the submissions of
both sides the allegations in the complaint is that the
complainant is the Chief Executive Officer of the Kempe
Gowda Credit Co-operative Society. The society amount of
Rs.3,37,35,901/- was made fixed deposit at Swarna
Bharathi Sahakara Sangha Bank, Bengaluru in 11 Fixed
Crl.Misc.No.6012/2022
5
Deposit Bonds. The Secretary accused No.1 Rajesh Gowda
colluding with accused No.2 Jayaram misappropriated
Rs.1,52,00,000/- from the Fixed Deposit in the name of
loan over 8 banks. The Board of Directors not decided to
obtain
any
loan,
that
accused
No.1
with
criminal
intimidation cheated the society of Rs.32,00,000/- without
transferring the same directly to the account of society.
Accused No.2 has mis appropriated 1,20,00,000/- through
4 cheques without transferring the amount to the society
account and cheated the society.

Swarna Bharathi
Sahakara Sangha also joined with the accused.

On the
basis of the said complaint case has been registered
against accused Nos.1 to 3 and others.
8. On reading of complaint the name of the
petitioner is not found subsequently her name has been
shown as accused No.5.

The petitioner is employee of
Kempegowda Credit Co-operative Society. There is no direct
allegations against her in the complaint. The alleged
involvement of the petitioner needs to be investigated
during trial. The material does not disclose that any
amount has been transferred to her account or she has
Crl.Misc.No.6012/2022
6
personally mis appropriated the amount. That apart the
petitioner counsel also filed memo with statement having
credited 2,16,09,299/- by Swarn Bharathi Sahakara Bank
to the complainant bank. The accused Nos.1 to 3 already
granted anticipatory bail by this Court. The offence alleged
are not punishable with death or life imprisonment for life.
She is ready to abide by the conditions that may be
imposed by the court. Considering the gravity of offence
and
nature
of
allegations
against
petitioner
she
is
permanent resident of address shown in the cause title and
also employee the chance of absconding from the trial is
remote. Under these circumstances the apprehension of
the prosecution can be met with by imposing conditions.
Accordingly, answer the point in affirmative.
9. POINT No.2:- In view of findings given on point
No.1, this Court pass the following order.
ORDER
The
petition
filed
by
the
petitioner/
accused – Rashmi @ Rashmi Ravindra under
Section 438 Cr.P.C. is allowed.

Crl.Misc.No.6012/2022
7
The petitioner is ordered to be released on
anticipatory bail in the event of his arrest in
Cr.No.47/2022
registered
by
respondent
under Sections 406, 409, 420, 465, 468,
471, 120-B read with Section 34 of IPC on
execution of personal bond for Rs.50,000/with one surety for the like sum to the
satisfaction
of
the
Investigation
Officer
subject to following conditions.
1. The petitioner/accused shall appear before
the IO as and when called upon for the
purpose of investigation.
2. The petitioner/accused shall not threat the
complainant or prosecution witnesses in any
manner directly or indirectly.
3. The
petitioner/accused
shall
regularly
appear before the concerned Court as and
when called for.
4. Petitioner/accused shall not commit similar
offences.
5. If any of the conditions are violated the
anticipatory bail order deems to have been
canceled.
(Dictated to the Judgment Writer directly on computer,
corrected by me and then pronounced in the open Court on
this the 21st day of June, 2022).
(S. NATARAJ),
LXVI Addl.CC & SJ, Bangalore.

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Crl.Misc.No.6012/2022
The Order is pronounced in
the open Court (vide separate
Order).
ORDER
The petition filed by the
petitioner/ accused – Rashmi @
Rashmi Ravindra under Section
438 Cr.P.C. is allowed.
The petitioner is ordered to
be released on anticipatory bail
in the event of his arrest in
Cr.No.47/2022 registered by
respondent under Sections 406,
409, 420, 465, 468, 471, 120-B
read with Section 34 of IPC on
execution of personal bond for
Rs.50,000/- with one surety for
the like sum to the satisfaction
of the Investigation Officer
subject to following conditions.
1. The petitioner/accused shall
appear before the IO as and
when called upon for the
purpose of investigation.
2. The petitioner/accused shall
not threat the complainant or
prosecution witnesses in any
manner directly or indirectly.
3. The petitioner/accused shall
regularly appear before the
9
Crl.Misc.No.6012/2022
concerned Court as and when
called for.
4. Petitioner/accused shall not
commit similar offences.
5. If any of the conditions are
violated the anticipatory bail
order deems to have been
canceled.
LXVI Addl.CC & SJ,
Bangalore.

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Crl.Misc.No.6012/2022