Kallappa S/O Hanamant Byakud vs State Of Karnataka on 23 February, 2024

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Karnataka High Court

Kallappa S/O Hanamant Byakud vs State Of Karnataka on 23 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                     -1-
                                                             NC: 2024:KHC-D:4453
                                                             CRL.P No. 100521 of 2024




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                                    BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                              CRIMINAL PETITION NO. 100521 OF 2024 (438)

                      BETWEEN:

                      KALLAPPA S/O. HANAMANT BYAKUD,
                      AGE: 55 YEARS, OCC: AGRICULTURE,
                      R/O GUJANATTI, TQ: GOKAK,
                      DIST: BELAGAVI-591312.

                                                                         ...PETITIONER
                      (BY SRI RAM P. GHORPADE, ADVOCATE)

                      AND:

                      STATE OF KARNATAKA
                      BY GOKAK TOWN POLICE STATION
                      REPRESENTED BY
                      THE STATE PUBLIC PROSECUTOR
                      HIGH COURT BUILDING
                      DHARWAD -11
ANNAPURNA
CHINNAPPA                                                               ...RESPONDENT
DANDAGAL              (BY SRI T.P.MALIPATIL, AGA)
Digitally signed by
ANNAPURNA                    THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
CHINNAPPA
DANDAGAL
Date: 2024.02.23      SEEKING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE
13:06:26 +0530
                      PETITIONER/ACCUSED ON BAIL, IN THE EVENT OF HIS ARREST IN
                      CRIME NO.08/2024 OF GOKAK TOWN POLICE STATION ON THE FILE
                      OF PRL.CIVIL JUDGE AND JMFC COURT GOKAK, BELAGAUM DIST.
                      FOR THE ALLEGED OFFENCES U/S 406, 420 OF IPC.


                             THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                              -2-
                                      NC: 2024:KHC-D:4453
                                      CRL.P No. 100521 of 2024




                          ORDER

1. Accused in Crime No.8/2024 registered by

Gokak Town police station, Belagavi district for the

offences punishable under Sections 406 and 420 of IPC is

before this Court under Section 438 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.8/2024 was registered by

Gokak Town police station, Belagavi district for the

aforesaid offences against the petitioner on the complaint

of Sagar-Bank Manager of ICICI Bank lodged on

20.01.2024. Apprehending arrest in the said case, the

petitioner had filed Crl.Misc.No.8013/2024 before the

Court of the XII Addl.District and Sessions Judge, Belagavi

sitting at Gokak, which was rejected on 09.02.2024.

Therefore, he is before this Court.

4. Learned counsel for the petitioner having

reiterated the grounds urged in the petition submits that

the petitioner is ready and willing to deposit the entire
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NC: 2024:KHC-D:4453
CRL.P No. 100521 of 2024

loan amount borrowed by him from the Bank. He is also

ready to cooperate with the police for investigation.

Accordingly, prays to allow the petition.

5. Per contra, learned High Court Government

Pleader has opposed the bail application.

6. From a reading of the averments made in the

complaint, it is seen that in a span of little more than 2

months, petitioner had borrowed four loans from the Bank

by pledging fake gold jewelries. The total amount of loan

borrowed by the petitioner is more than 20 lakhs. The very

fact that within a span of little more than 2 months,

petitioner had borrowed four different loans from the same

Bank, would go to show that the petitioner was very well

aware that the jewelry which was being pledged by him

were fake and his intention was to cheat the Bank and

therefore the alleged offences prima facie get attracted

against him. The role of the Bank Officials cannot be ruled

out in the present case. Therefore, custodial interrogation

of the petitioner is required. Under these circumstances, I
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NC: 2024:KHC-D:4453
CRL.P No. 100521 of 2024

am of the opinion that the prayer made by the petitioner

for grant of anticipatory bail cannot be granted.

Accordingly, petition is dismissed.

Sd/-

JUDGE

KGK
CT:GSM
List No.: 1 Sl No.: 19

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