Karnataka High Court
Siddamma W/O Sharanbasappa Yalsangi vs The State Of Karnataka on 27 September, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.201325/2021
Between:
Siddamma W/o Sharanbasappa Yalsangi,
Age : 40 years, Occ : Private Work,
R/o Plot No.23, 24, Sharana Nilaya,
Iraddy Layout, Revansiddeshwar Colony,
Kalaburagi.
... Petitioner
(By Smt.Triveni B.Math and
Smt Prema P.Upadhya, Advocates)
And:
The State of Karnataka
Through Kalaburagi City
CEN Crime Police Station,
Now represented by the
Additional State Public Prosecutor,
High Court of Karnataka,
Kalaburagi Bench - 585 105.
... Respondent
(By Sri Gururaj V.Hasilkar, HCGP)
2
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to allow this petition and
direct the respondent/police to enlarge the petitioner/
accused No.3 (as per FIR) on bail in the event of her arrest
in connection with Crime No.17/2021 of Kalaburagi City
CEB Crime Police Station for the offences punishable under
Sections 406, 465, 468, 471 and 420 r/w Section 34 of IPC
now pending on the file of Hon'ble I Addl. Civil Judge and
JMFC at Kalaburagi.
This petition coming on for Orders this day, the
Court made the following:
ORDER
This petition is filed under Section 438 of Cr.P.C by accused No.3 in Crime No.17/2021 of Kalaburagi City CEN Police Station registered for offences punishable under Sections 406, 465, 468, 471 and 420 read with Section 34 of IPC.
2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State and perused the material on record.
3. Complaint is lodged by the Branch Manager of Canara Bank, Darga Branch, Kalaburagi against accused Nos.1 to 3. It is alleged that accused No.1 introduced accused No.2 to the then Branch Manager of the Bank and 3 submitted documents for sanction of loan and the said documents were forwarded to the Regional Office for approval of loan of `12.00 lakhs for purchase of vehicle. On 04.12.2019, loan was sanctioned and demand draft of `12.00 lakhs was issued in favour of Nandi Toyota Motor World, Bengaluru and the demand draft was en-cashed by Rajankunte Branch of Canara Bank. Further, accused No.1 introduced the petitioner/accused No.3 to the then Branch Manager and submitted documents for sanction of loan, which was forwarded to the Regional Office for approval of loan of `16.00 lakhs for purchase of a vehicle and loan was sanctioned on 21.01.2020 and demand draft was issued in favour of Nandi Toyota Motor World, Bengaluru.
4. It is further alleged that during internal audit conducted in the month of February, 2021, upon verification of bills submitted by accused Nos.2 and 3, it was revealed that GST number mentioned in the bills did not pertain to Nandi Toyota Motor World, Bengaluru and they pertained to Karuna Toyota. Hence, upon suspicion, 4 an inspection was conducted and it was found that both accused Nos.2 and 3 had submitted fake documents for obtaining loan with an intention to dupe the Bank and they have cheated the complainant Bank to the tune of `25,22,720/-.
5. Learned High Court Government Pleader has opposed grant of bail to the petitioner contending that the petitioner is a habitual offender and the investigation is still in progress and sought to reject the prayer of the petitioner.
6. It is submitted by the learned counsel for petitioner that accused Nos.2 and 3 had produced the vehicle for inspection before the concerned authorities and this petitioner has repaid the part of the loan amount to the Bank. She has submitted that a sum of `2,64,932/- was paid in two installments by the petitioner. She further submits that accused Nos.1 and 2 are already enlarged on bail by the Sessions Court and petitioner being a woman will be put to untold hardship, if she is arrested and further 5 submits that petitioner is ready and willing to abide by any conditions and accordingly seeks to allow the petition. 7. It is not in dispute that accused Nos.1 and 2 are enlarged on anticipatory bail. The offences alleged are not punishable with death or imprisonment for life. Petitioner has undertaken to abide by any conditions. The prosecution has to establish the guilt of the petitioner in a full-fledged trial. Keeping in view the submission made by the learned counsel for the petitioner, the relief sought, can be granted by imposing conditions. Hence, the following :
ORDER Petition is allowed. Petitioner shall be released in the event of her arrest in Crime No.17/2021 of Kalaburagi City CEN Police Station, registered for offences punishable under Sections 406, 465, 468, 471, 420 r/w Sec.34 of IPC on executing a personal bond in a sum of `1,00,000/-, with two solvent local sureties, subject to following conditions :6
i. Petitioner shall appear before the jurisdictional Court or the Investigating Officer within a period of 10 days from the date of receipt of this order and execute the bond as noted above.
ii. Petitioner shall appear before the Investigating Officer for the purpose of investigation and shall cooperate with the investigation of the case.
iii. Petitioner shall furnish her address proof/identify proof.
iv. Petitioner shall not threaten or attempt to influence the prosecution witnesses.
v. Petitioner shall not indulge in any criminal activities and shall not commit similar offence.
vi. Petitioner shall be regular in attending the court proceedings.
Sd/-
JUDGE sn