Shashikant S/O Shrinivas Tavaragera vs The State Through on 5 June, 2023

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Karnataka High Court

Shashikant S/O Shrinivas Tavaragera vs The State Through on 5 June, 2023

Bench: Hemant Chandangoudar

                                              -1-
                                                     CRL.P No. 200585 of 2023




                        IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                             DATED THIS THE 5TH DAY OF JUNE, 2023

                                            BEFORE
                    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
                         CRIMINAL PETITION NO. 200585 OF 2023 (439-)
                   BETWEEN:

                   1.    SHASHIKANT S/O SHRINIVAS TAVARAGERA
                         AGE. 61 YEARS,
                         OCC. PRIVATE WORK,
                         R/O GANESH NAGAR,
                         VIJAYAPUR 585101

                                                                ...PETITIONER
                   (BY SRI. NANDKISHORE BOOB,ADVOCATE)
                   AND:

                   1.    THE STATE THROUGH
                         GANDHI CHOWK PS
                         NOW REPRESENTING BY ADDL SPP
                         HCKB AT KALABURAGI

                                                               ...RESPONDENT
Digitally signed   (BY SRI GURURAJ V HASILKAR, HCGP)
by LUCYGRACE
Location: High          THIS CRL.P. FILED U/S. 439 OF CR.P.C PRAYING TO
Court of
Karnataka          RELEASE THE PETITIONER ON BAIL IN CRIME No.74/2022 OF
                   GANDHI CHOWK POLICE STATION, DIST. VIJAYAPUR, FOR THE
                   OFFENCES PUNISHABLE U/SEC. 419, 420, 409, 465, 468, 471
                   R/W 34 OF IPC PENDING BEFORE THE I ADDL. CIVIL JUDGE
                   AND JMFC, VIJAYAPUR.THE I ADDITIONAL DISTRICT AND
                   SESSIONS JUDGE, VIJAYAPURA HAS REJECTED THE BAIL
                   PETITION IN CRL.MISC.NO.685/2023 ON 11.05.2023.


                        THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
                   THE COURT MADE THE FOLLOWING:
                                -2-
                                       CRL.P No. 200585 of 2023




                             ORDER

This petition under Section 439 of Cr.P.C. is filed by the petitioner-accused No.4 to enlarge him on bail in Crime No.74/2022 registered by the Gandhi Chowk Police Station, Vijayapur, for the offences punishable under Sections 419, 420, 409, 465, 468, 471 R/w Section 34 of IPC, pending on the file of I Addl. Civil Judge and JMFC, Vijayapur in C.C.No.8775/2022.

2. Heard the learned counsel for the petitioner- accused No.4 and the learned High Court Government Pleader for the respondent-State.

3. The FIR was lodged by the Branch Manager of VDCC Women Branch stating that, the member of the Bank namely Mr. Kumar Harisingh Chavan filed loan application on 23.10.2020 for a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) and the same was sanctioned to the borrower. Another member Gajanand Bheemappa Bisnakki also availed the loan and for the said loan transaction, Kumar Harisingh stood as surety. When Gajanand failed to repay the loan, the notice was issued to the surety. Thereafter, the brother of Harisingh Chavan approached the Bank by contending that he has received the notice in his brother's name and his brother not at all transacted with the Bank, and on enquiry it was revealed that the person, who has availed loan in the name of Kumar Harisingh Chavan is one Dilip Mahesh Naik. It was further revealed that several loan transactions have been made -3- CRL.P No. 200585 of 2023 by creating false documents. The police, after investigation, submitted the charge sheet.

4. In the charge sheet, the specific allegation against accused No.4 is that, he assisted the persons to avail the loan by fabricating the documents. However, the police have not submitted the charge sheet against the persons to whom accused No.4 assisted for availing the loan by fabricating the documents. The police, during the course of investigation have seized the counterfeits, seal and documents of the Bank. The petitioner is not required for further interrogation and he is in judicial custody for the last ten months. No prejudice will be caused to the prosecution, if the petitioner-accused No.4 is released on bail. Accordingly, I pass the following:

ORDER Criminal petition is allowed. The petitioner-accused No.4 is enlarged on bail in Crime No.74/2022 registered by the Gandhi Chowk Police Station, Dist. Vijayapur, for the offences punishable under Sections 419, 420, 409, 465, 468, 471 R/w Section 34 of IPC, pending on the file of I Addl. Civil Judge and JMFC, Vijayapur in C.C.No.8775/2022, subject to the following conditions:

(a) Petitioner-accused No.4 shall furnish a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

-4- CRL.P No. 200585 of 2023

(b) He shall appear before the Court as and when required.

(c) He shall not threaten or allure the prosecution witnesses in whatsoever manner.

(d) He shall not get involved in similar offences.

(e) He shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.

Sd/-

JUDGE BKM List No.: 1 Sl No.: 34

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