Dismissed

Rajkumar Timmappa Shet v. State of Karnataka by

Karnataka HC22 Nov 2018CRL.P/101562/2018

Case brief

AI extract

What is this about?

The High Court rejected five connected bail petitions filed by a jewel appraiser accused of negligence in valuing gold ornaments pledged for loans. The judge held that the petitioner is not entitled to bail until the examination of evidence is completed for material witnesses.

What did the court decide?

Bail petitions rejected pending examination of evidence of complainant and material witnesses.

Rajkumar Timmappa Shet Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 22nd DAY OF NOVEMBER 2018

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BEFORE

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THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

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CRL.P NO. 101561 OF 2018 C/w. CRL.P.NOS.101562, 101563,101564 OF 2018 AND CRL.P.NO.101619/2018.

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IN CRL.P.NO.101561/2018

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BETWEEN

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RAJKUMAR TIMMIAPPA SHET AGE: 48 YEARS, OCC: BUSINESS, R/O: MALLAPUR, KARWAR. PRESENT ADDRESS: K.P.C. COLONY KADRA

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... PETITIONER

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(BY SRI.NEELENDRA.D.GUNDE, ADV.)

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AND

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STATE OF KARNATAKA BY MALLAPUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. ... RESPONDENT

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(BY SRI.PRAVEEN K UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

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439 OF CR.P.C., SEEKING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.2 IN C.C.NO.66/2018 (CRIME NO.43/2017) ON THE FILE OF ADDL. SENIOR CIVIL JUDGE & JMFC, KARWAR BEING TRIED FOR THE OFFENCES PUNISHABLE U/SEC.420, 406, 408, 409, 468, 471 IF IPC, REGISTERED WITH MALLAPURA POLICE IN CRIME NO. 43/2017.

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IN CRL.P NO.101562 OF 2018

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BETWEEN

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RAJKUMAR TIMMAPPA SHET, AGE: 48 YEARS, OCC: BUSINESS, R/O: MALLAPUR, KARWAR.

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... PETITIONER

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(BY SRI.NEELENDRA.D.GUNDE, ADV.)

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AND

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STATE OF KARNATAKA BY MALLAPUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. ... RESPONDENT

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(BY SRI.PRAVEEN K UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.2 IN C.C.NO.65/2018 (CRIME NO.44/2017) ON THE FILE OF ADDL. SENIOR CIVIL JUDGE & JMFC-KARWAR BEING TRIED FOR THE OFFENCES

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PUNISHABLE UNDER SECTION 420, 406, 408, 409, 468, 471 OF IPC, REGISTERED WITH MALLAPURA POLICE IN CRIME NO.44/2017.

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IN CRL.P NO.101563 OF 2018

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BETWEEN RAJKUMAR TIMMAPPA SHET, AGE: 48 YEARS,OCC: BUSINESS, R/O: MALLAPUR, KARWAR.

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... PETITIONER (BY SRI.NEELENDRA.D.GUNDE, ADV.) AND

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STATE OF KARNATAKA BY MALLAPUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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... RESPONDENT (BY SRI.PRAVEEN K UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.2 IN C.C.NO.67/2018 (CRIME NO.45/2017) ON THE FILE OF ADDL. SENIOR CIVIL JUDGE & JMFC-KARWAR BEING TRIED FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 406, 408, 409, 468, 471 OF IPC, REGISTERED WITH MALLAPURA POLICE IN CRIME NO.45/2017.

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IN CRL.P.NO.101564 OF 2018

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BETWEEN RAJKUMAR TIMMAPPA SHET, AGE: 48 YEARS, OCC: BUSINESS, R/O: MALLAPUR, KARWAR.

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... PETITIONER (BY SRI. NEELENDRA.D.GUNDE, ADV.)

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AND

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STATE OF KARNATAKA, MALLAPUR POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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... RESPONDENT (BY SRI.PRAVEEN K UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.2 IN C.C.NO.26/2018 (CRIME NO.46/2017) ON THE FILE OF ADDL. SENIOR CIVIL JUDGE & JMFC-KARWAR BEING TRIED FOR THE OFFENCES PUNISHABLE UNDER SECTION 420, 406, 408, 409, 468, 471, 120(B) OF 34 IPC, REGISTERED WITH MALLAPURA POLICE IN CRIME NO.46/2017.

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IN CRL.P.NO.101619 OF 2018

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BETWEEN RAJKUMAR TIMAPPA SHET, AGE:48 YEARS, OCC: BUSINESS, R/O:MALAPUR, KARWAR. ... PETITIONER (BY SRI.NEELENDRA.D.GUNDE, ADV.)

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AND

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STATE OF KARNATAKA, BY KADRA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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... RESPONDENT

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(BY SRI.PRAVEEN K UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE HIM ON BAIL WHO IS ACCUSED NO.1 IN C.C.NO.134/2018 (CRIME NO.29/2017) ON THE FILE OF JMFC II-COURT, KARWAR BEING TRIED FOR THE OFFENCES PUNISHABLE UNDER SECTIOIN 420, 406, 408, 409, 468, 471 OF IPC, REGISTERED WITH KADRA POLICE IN CRIME NO.29/2017.

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

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ORDER

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Since all these cases are against the common person they are taken up together for final disposal as under:

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Criminal Petition No.	Crime No.	Offences	Valuation of the ornaments	Sanctioned Loan amount	Person to pledge amount	Nature of ornaments
101561/18	Mallapura P.S. Cr.No. 43/17	420,406,408,409,468,471 of IPC	244440/-	151767/-	Ramachandra Hanumanthappa Lolachi	4 pair bangle and chain
101562/18	Mallapura P.S. Cr.No. 44/17	420,406,408,409,468,471 of IPC	421120/-	276000/-	Sandeep Ganapathi Raikar	Chains & bangles, Mangalya chains
101563/18	Mallapura P.S. Cr.No. 45/17	420,406,408,409,468,471 of IPC	257544/-	192000/-	Kiran Vinayak Devali	Bangles & Chain
101564/18	Mallapura P.S. Cr.No. 46/17	420,406,408,409,468,471 120(B) of 34 IPC	109539/-	72000/-	Anjali Shivakumar Achari	Bangle
101619/18	Kadra P.S.Cr.No. 29/2017	420,406,408,409,468,471 of IPC	Not mentioned	2521258/-	Goutam Kumar S/o Shankar Das	Not mentioned

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The investigation is completed and charge sheet

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is filed in all the cases.

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It is stated that the accused-Rajakumar

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was working as jewel appraiser at Syndicate Bank, Mallapur branch. On 08.10.2017, the complaints came be filed by bank officials alleging that Ramchandra Hanumathappa Kolachi, Sandeep Ganapathi Raikar, Kiran Vinayak Devali, Anjali Shivakumar Achari, Goutam Kumar Shankar Das had availed the loan by pledging the ornaments as security to the loan. All the jewels were appraised by the petitioner-accused, who is an empanelled jewel

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appraiser of the syndicate Bank based on his certificate, the bank has sanctioned eligible loan against the pledgers of jewels. When the borrower failed to pay the dues, the bank conducted the public auction of the said gold on 26.09.2017, during that time of auction, one Ramakrishan Kolvekar reapprised to know the purity of the gold and while doing so he came to know that the gold pledged were fake.

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The learned counsel for the petitioner would submit that petitioner is innocent and he has no example or incident of duping or cheating the bank or any party.

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The learned HCGP opposes the bail petitions contenting that petitioner has intentionally cheated the bank while appraising the jewels by helping the customer in order to get loan.

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Considering the trend and modus operandi as stated by the prosecution, care and precaution taken by the complainants has not avoided the incident.

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The complainant in Crl.P.Nos.101561, 101562,101563,101564 of 2018 is Smt.Shaila A.J., the Regional Manager of Syndicate Bank, Karwar. The complainant in Crl.P.No.101619/2018 is Sri. Goutam Kumar Shankar Das, Manager of the State bank of India.

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However, considering the context and circumstances of the case, I find that the petitioner is not entitled for bail at least till the completion examination of the evidence of the complainant and three material witnesses in any of the five cases.

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The Bail petitions are rejected.

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Sd/JUDGE

Rajkumar Timmappa Shet v. State of Karnataka by

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Rajkumar Timmappa Shet v. State of Karnataka by

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