Karnataka High Court
Mr.C.H.Suresh vs State Of Karnataka on 3 March, 2020
Author: K Natarajan
Bench: K. Natarajan
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 03RD DAY OF MARCH 2020
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.200073/2020
C/W
CRIMINAL PETITION NOS.200074/2020,
200075/2020, 200076/2020, 200077/2020,
200078/2020 and 200079/2020
IN CRIMINAL PETITION NO.200073/2020
BETWEEN:
MR. C.H.SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102. ... RESPONDENT
(BY SRI P.S. PATIL, 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 RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.69/2019 (P.C.NO.36/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
IN CRIMINAL PETITION NO.200074/2020
BETWEEN:
MR. C.H. SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
3
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102.
... RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.70/2019 (P.C.NO.39/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
4
IN CRIMINAL PETITION NO.200075/2020
BETWEEN:
MR. C.H. SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102.
... RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.72/2019 (P.C.NO.41/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
5
IN CRIMINAL PETITION NO.200076/2020
BETWEEN:
MR. C.H. SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102.
... RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.73/2019 (P.C.NO.42/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
6
IN CRIMINAL PETITION NO.200077/2020
BETWEEN:
MR. C.H. SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102. ... RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.74/2019 (P.C.NO.43/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
7
IN CRIMINAL PETITION NO.200078/2020
BETWEEN:
MR. C.H. SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102.
... RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.78/2019 (P.C.NO.47/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
8
IN CRIMINAL PETITION NO.200079/2020
BETWEEN:
MR. C.H. SURESH S/O C.H. PRASAD
AGE: 29 YEARS OCC: AGRICULTURE
R/O: LAKSHMI CAMP, ROUDAKUNDA,
TQ: SINDHANUR, DIST: RAICHUR-584128.
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI,
ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SINDHANUR RURAL P.S.
REPRESENTED BY SPP,
HIGH COURT BUILDING
KALABURAGI-585102. ... RESPONDENT
(BY SRI P.S. PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CRIMINAL PROCEDURE CODE
PRAYING TO ALLOW THIS PETITION AND DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER
ON BAIL, IN THE EVENT OF HIS ARREST, IN RESPECT
OF CRIME NO.71/2019 (P.C.NO.40/2019 ON THE FILE
OF II ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC,
SINDHANUR) OF RURAL POLICE STATION,
SINDHANUR, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 420, 406, 407, 408, 409, 107, 108
AND 115 READ WITH SECTION 34 OF IPC.
THESE PETITIONS COMING ON FOR ORDER
THIS DAY, THE COURT MADE THE FOLLOWING:
9
ORDER
These petitions are filed by the petitioner/accused under Section 438 of Cr.P.C. praying to grant anticipatory bail for the offences punishable under Sections 420, 406, 407, 408, 409, 107, 108, 115 read with Section 34 of IPC in Crime No.69/2019 of Sindhanur Rural Police Station. Subsequently, the C.E.N. Police Station, Raichur had investigated the case on a private complaints, which were referred to the police under Section 156(3) of Cr.P.C, are as follows:-
Sl. Crl.P.Nos. P.C.No. Crime No. No. 01. 200073/2020 36/2019 69/2019 02. 200074/2020 39/2019 70/2019 03. 200075/2020 41/2019 72/2019 04. 200076/2020 42/2019 73/2019 05. 200077/2020 43/2019 74/2019 06. 200078/2020 47/2019 78/2019 07. 200079/2020 40/2019 71/2019 10
02. Heard the learned counsel for the petitioners and the learned High Court Government Pleader. The learned High Court Government Pleader has filed the objections to all the petitions.
03. Case of the petitioners is that accused said to be borrower of the loan of Rs.2,45,00,000/- from the complainant/bank by showing the certificate for having pledged paddy in the CNX Corporation Limited and on the certificate issued by the CNX Company, after enquiry, the bank said to be granted loan of Rs.35,00,000/- each to the seven persons totally Rs.2,45,00,000/-. Subsequently, it was revealed that there is no such quantity of paddy bags pledged or stored in the warehouse belongs to CNX Company. It is also revealed during the investigation that supervisor of the said Company viz., G.B. Mahesh involved in the said case and with his assistance the accused obtained certificates and placed before the Bank and borrowed 11 the loan by showing that accused has stored 25,060 bags of paddy in seven lots. In fact there is no such paddy bags were stored. They stored some paddy bags and kept wastage material inside the lots. Based on the report, the banker given the loan and subsequently it is revealed the accused cheated the Bank. After investigation the case, the police making ethic efforts to arrest the petitioner in those cases. Hence, the petitioner has approached the Sessions Court, Raichur for granting the bail, which came to be rejected. Hence, the petitioner is before this Court.
04. The learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence. The borrower of the loan is Sri Venkatesh Idupuganti and the petitioner is only the guarantor for the sum borrowed. This petitioner is not involved in this offence. He is the permanent resident of Lakshmi Camp, Roudakunda at Sindhanur. The alleged offences 12 though not bailable, but, not punishable with death or imprisonment for life. Hence, prays for granting bail to the petitioner.
05. The learned High Court Government Pleader has filed his written objections and contended that this petitioner is the main accused who approached accused No.1 for getting loan of Rs.2,50,00,000/- and at the instance of accused No.1, this petitioner brought another six persons and has obtained loan from the Bank on 09.02.2018. He has filled waste material by showing as paddy and stored in the warehouse surrounded by 8000 bags of paddy and made to believe that he has stored 25,060 bags of paddy in the go-down and committed fraud. The petitioner is the borrower of the loan from the Bank in collusion with accused No.1 and created false documents. The accused/petitioner is required for the purpose of investigation in order to 13 recover huge amount from him. Therefore, he prays for dismissal of the petition.
06. Upon hearing the arguments of learned counsel for the petitioner and learned High Court Government Pleader and perusing the records, they go to show that the police in all registered 23 cases and out of which, the petitioner is said to be involved in seven cases. The Manager of the Bank filed a complaint under Section 200 of Cr.P.C. The same was referred to Raichur police for investigation and it was revealed that this petitioner approached accused No.1, who is the Managing Director of the CNX Company for borrowing loan of Rs.2,50,00,000/-. They colluded with each other, filled waste material in the paddy bags and stored in the ware house surrounded by 8000 paddy bags and made to believe that they stored 25,060 paddy bags in the warehouse and cheated the Bank by obtaining loan. Though the alleged offences are not punishable with 14 death or imprisonment for life but, this petitioner was the main cause for borrowing loan by creating false documents. Therefore, this petitioner is required for the purpose of custodial interrogation to recover amount and investigation is still in progress and without custodial interrogation of the petitioner it is difficult to unearth the truth. Therefore, at this stage, it cannot be held that the petitioner has not involved in this offence and he is the beneficiary of the loan. Hence, the petitioner is not entitled for anticipatory bail.
Accordingly, all the bail petitions filed under Section 438 of Cr.P.C. are dismissed.
Sd/-
JUDGE KJJ/Srt