Dismissed

Kallappa S/O Hanamant Byakud v. State of Karnataka

Karnataka HC23 Feb 2024CRL.P/100521/2024

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail for offences under Sections 406 and 420 IPC after his pre-arrest bail was rejected. The Court declined bail, noting that borrowing multiple loans from the same bank using fake jewelry indicated a dishonest intention to cheat, making custodial interrogation necessary. The petition was dismissed.

What the court decided

AI extract

Kallappa S/O Hanamant Byakud Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC-D:4453 CRL.P No. 100521 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100521 OF 2024 (438)

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BETWEEN:

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KALLAPPA S/O. HANAMANT BYAKUD, AGE: 55 YEARS, OCC: AGRICULTURE, R/O GUJANATTI, TQ: GOKAK, DIST: BELAGAVI-591312.

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…PETITIONER

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(BY SRI RAM P. GHORPADE, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY GOKAK TOWN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DHARWAD -11

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.23 13:06:26 +0530

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…RESPONDENT

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(BY SRI T.P.MALIPATIL, AGA)

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THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER/ACCUSED ON BAIL, IN THE EVENT OF HIS ARREST IN CRIME NO.08/2024 OF GOKAK TOWN POLICE STATION ON THE FILE OF PRL.CIVIL JUDGE AND JMFC COURT GOKAK, BELAGAUM DIST. FOR THE ALLEGED OFFENCES U/S 406, 420 OF IPC.

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

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NC: 2024:KHC-D:4453 CRL.P No. 100521 of 2024

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ORDER

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Accused in Crime No.8/2024 registered by

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Gokak Town police station, Belagavi district for the offences punishable under Sections 406 and 420 of IPC is before this Court under Section 438 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.8/2024 was registered by Gokak Town police station, Belagavi district for the aforesaid offences against the petitioner on the complaint of Sagar-Bank Manager of ICICI Bank lodged on 20.01.2024. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.8013/2024 before the Court of the XII Addl.District and Sessions Judge, Belagavi sitting at Gokak, which was rejected on 09.02.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner having

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reiterated the grounds urged in the petition submits that the petitioner is ready and willing to deposit the entire

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3 - NC: 2024:KHC-D:4453 CRL.P No. 100521 of 2024

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loan amount borrowed by him from the Bank. He is also ready to cooperate with the police for investigation. Accordingly, prays to allow the petition.

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Per contra, learned High Court Government Pleader has opposed the bail application.

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From a reading of the averments made in the complaint, it is seen that in a span of little more than 2 months, petitioner had borrowed four loans from the Bank by pledging fake gold jewelries. The total amount of loan borrowed by the petitioner is more than 20 lakhs. The very fact that within a span of little more than 2 months, petitioner had borrowed four different loans from the same Bank, would go to show that the petitioner was very well aware that the jewelry which was being pledged by him were fake and his intention was to cheat the Bank and therefore the alleged offences prima facie get attracted against him. The role of the Bank Officials cannot be ruled out in the present case. Therefore, custodial interrogation of the petitioner is required. Under these circumstances, I

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4 - NC: 2024:KHC-D:4453 CRL.P No. 100521 of 2024

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am of the opinion that the prayer made by the petitioner for grant of anticipatory bail cannot be granted. Accordingly, petition is dismissed.

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Sd/JUDGE

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KGK CT:GSM List No.: 1 Sl No.: 19

Kallappa S/O Hanamant Byakud v. State of Karnataka

Case brief

What is this about?

What the court decided

Kallappa S/O Hanamant Byakud v. State of Karnataka

Case brief

What is this about?

What the court decided

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