Sainath Maka vs State Of Karnataka on 16 November, 2018

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Karnataka High Court

Sainath Maka vs State Of Karnataka on 16 November, 2018

Bench: John Michael Cunha

                            1


             IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

       DATED THIS THE 16TH DAY OF NOVEMBER 2018

                          BEFORE

      THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.201145 OF 2018
                            C/W
           CRIMINAL PETITION NO.201180 OF 2018 &
            CRIMINAL PETITION NO.201188 OF 2018

IN CRL.P NO.201145/2018

BETWEEN:

SAINATH MAKA
S/O PRAKASH MAKA
AGED ABOUT 29 YEARS
NEAR KHARGE PETROL PUMP
OM NAGAR, KALABURAGI
PRESENTLY RESIDING BEHIND
WESTEND BAR, SUBHASH NAGAR
VIJAYAPURA - 586 101
                                          ... PETITIONER
(BY SRI: KULKARNI SHRINATH, ADVOCATE)

AND

STATE OF KARNATAKA
BY KOLHAR P.S.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
KALABURAGI - 585 106
                                          ... RESPONDENT
(BY SRI: MALLIKARJUN SAHUKAR, HCGP)
                            2


     THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C.,
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.133/2018 OF KOLHAR POLICE STATION, DIST. VIJAYAPUR,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 405, 409,
418, 420, 378, 472, 464 AND 467 OF IPC, PENDING BEFORE
JMFC COURT, BASAVANA BAGEWADI.

IN CRL.P NO.201180/2018

BETWEEN:

SUBHASH S/O TUKARAM PAWAR
AGE: 24 YEARS, OCC: FIELD OFFICER
SYNDICATE BANK, RONIHAL BRANCH
R/O KANNUR L.T.
TQ. & DIST. VIJAYAPURA - 586 101
                                          ... PETITIONER

(BY SRI: ANIL KUMAR NAVADAGI, ADVOCATE)

AND

THE STATE THROUGH KOLHAR P.S.
TQ. B'BAGEWADI, DIST. VIJAYAPUR
BY THE ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
                                          ... RESPONDENT
(BY SRI: MALLIKARJUN SAHUKAR, HCGP)


      THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C.,
PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME
NO.133/2018 OF KOLHAR POLICE STATION, DIST. VIJAYAPUR,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 405, 409,
418, 420, 378, 472, 464 AND 467 OF IPC, PENDING BEFORE
JMFC COURT, BASAVANA BAGEWADI.
                              3


IN CRL.P NO.201188/2018

BETWEEN:

GOPU SAMPATTA S/O CHOKKAYYA
AGE: 26 YEARS
OCC: ASSISTANT MANAGER
SYNDICATE BANK, RONIHAL BRANCH
R/O KANAGARTI MANDAL, PEDDAPALLI
DISTRICT OF TELANGANA
NOW R/O NEAR SAI BABA TEMPLE
ISAR NAGAR, VIJAYAPUR
DIST. VIJAYAPUR - 586 101
                                        ... PETITIONER

(BY SRI: SHIVANAND V. PATTANASHETTI, ADVOCATE)

AND

THE STATE OF KARNATAKA
R/BY ADDL. SPP
KALABURAGI BENCH - 585 107
(THROUGH KOLHAR P.S.
DIST. VIJAYAPUR - 586 101)
                                        ... RESPONDENT
(BY SRI: MALLIKARJUN SAHUKAR, HCGP)

      THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C.,
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.133/2018 OF KOLHAR POLICE STATION, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 405, 409, 418, 420, 378, 472,
464 AND 467 OF IPC, PENDING BEFORE ADDL. CIVIL JUDGE
AND JMFC AT BASAVANA BAGEWADI, DIST. VIJAYAPURA.


      THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
                                  4


                         COMMON ORDER

These petitions are filed by accused Nos.4, 5 and 3 respectively in Crime No.133/2018 registered for the offences punishable under Sections 405, 409, 418, 420, 378, 472, 464 and 467 OF IPC.

2. Accused No.4 is a clerk; accused No.5 is the Field Officer and accused No.3 is the Assistant Manager of Syndicate Bank of Ronihal branch. The Branch Manager of the said Bank lodged a written report before the respondent-police alleging that on the complaint of some of the depositors, he ascertained that accused No.1 Bhimappa S/o Shivappa then appointed as the business corresponding agent of the Bank, collected an amount of Rs.27.00 lakhs from various depositors and issued fake deposit receipts in their names by forging the signatures of the Bank authorities and withdrew an amount of Rs.69,81,000/- from the S.B. account of the various account holders.

3. In the course of the investigation, on the basis of the voluntary disclosure made by accused No.1, the present petitioners came to arrested on 18.09.2018 and a sum of 5 Rs.50,000/- is recovered from each of the petitioners. The material allegation against the present petitioners as disclosed in the remand application is that all the petitioners herein shared the aforesaid amounts during the period 2017 till 24.08.2018.

4. The records do not indicate that any further recovery is required to be effected at the instance of these petitioners. Since the accusations made against the petitioners are required to be substantiated through documentary evidence and through the aforesaid recoveries, in my view, the further custody of the petitioners is not necessary. The presence of the petitioners for the purpose of further investigation and eventual trial could be secured by imposing necessary conditions.

5. Hence, the following order:-

All the petitions are allowed.

a) Petitioners are ordered to be enlarged on bail on obtaining bonds in a sum of Rs.1,00,000/-

(Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the jurisdictional court.

b) Petitioners shall appear before the court as and when required.

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

Sd/-

JUDGE LG

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