1. This petition is filed by accused Nos.3 to 5 under Section 438 of Cr.P.C. for granting anticipatory bail in the event of their arrest in Crime No.302/2021 registered by Rajagopal Nagar Police Station, Bengaluru, charge sheeted for the offences punishable under Sections 420, 409, 120B read with Section 34 of IPC.

2. Heard the arguments of the learned counsel for the petitioners and learned High Court Government Pleader for the respondent - State.

3. The case of the prosecution is that on the complaint of one Shashiraju K., Specially incharge Manager of Canara Bank, Peenya Branch has complained to the police that the first accused said to be the incharge Manager and on 16.06.2020, during her tenure as Manager, has misused the official power of Manager and by violating the circular issued by the Bank, she has lent the loan of Rs.19,70,000/- to her parents and her brother. Thereby, she has misused the official power and also misappropriated the amount belongs to the Bank. Hence, complaint came to be lodged.

4. After registering case by police, apprehending their arrest, petitioners had approached this Court for granting anticipatory bail, which came to be rejected as withdrawn. Subsequently, now the police has filed charge sheet. Hence, now they are before this Court for grant of anticipatory bail.

5. Having heard the arguments addressed by the learned counsel for the petitioners and learned HCGP and on perusal of records which reveals that of course the first accused was the Manager and had sanctioned the loan to accused Nos. 3, 4 and 5 who are the family members of accused No.1. On 16.06.2020 an amount of Rs.4,95,000/- was transferred to M/s Amrit Apparels, Rs.4,93,000/- was transferred to her mother Smt. Suneetha S., Rs.4,92,000/- was transferred to her brother Sri. Sachin Gokarna and Rs.4,90,000/- was transferred to Smt. Bharathi P. who is the sister of Sri. Suresh Dhaudti. In total Rs.19,70,000/- was transferred to the above said accused persons on 16.06.2020.

6. Learned counsel for the petitioners has filed the account extract of the petitioners, where the entire loan amount has already been discharged and the balance is Nil and there is no overdue from these petitioners. These petitioners are the beneficiaries out of loan amount where accused No.2 is the loan processor and accused No.1 is the Bank Manager, who belongs to the family of these petitioners. Similarly, placed accused Nos.5 and 6 were already granted anticipatory bail by Co-ordinate Bench of this Court in Crl.P. No.6995/2021 dated 08.10.2021.

7. Allegations alleged on these petitioners are similar to that of accused Nos.5 and 6 who granted bail. Petitioners are only beneficiaries and have already discharged their loan. The main allegation goes against accused No.1 - Bank Manager who said to be uses the official position to sanction bank loan without following the circular and norms of Bank for granting any loan to the public. Investigation is complete. Charge sheet is filed. By considering the facts and circumstances, by imposing certain stringent conditions if the anticipatory bail is granted, no prejudice is caused. Hence, I pass the following:

ORDER

The criminal petition is allowed

The respondent - Police is directed to release the petitioners - accused Nos. 3 to 5 on bail in the event of their arrest in Cr. No.302/2021 registered by Rajagopal Nagar Police Station, Bengaluru, charge sheeted for the offences punishable under Sections 420, 409, 120B read with Section 34 of IPC, subject to the following conditions:-

i) The petitioners shall execute personal bond in a sum of Rs.1,00,000/- (Rupees Two Lakhs only) each with two sureties each for likesum to the satisfaction of the Investigating Officer;

ii) They shall surrender before the Investigating Officer within 15 days from the date of receipt of certified copy of this order;

iii) They shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act;

iv) They shall appear before the Investigating Officer on every Monday between 10.00 a.m. and 4.00 pm for a period of two months or till filing of the charge sheet whichever is earlier.

If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.

Accordingly, the petition is disposed of.