High Court dismissed three criminal petitions filed by Union Bank of India challenging anticipatory and regular bail granted to accused persons in a bank misappropriation case. The Court found no exceptional circumstances to interfere.
Petitions for cancellation of bail orders dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:16646 CRL.P No. 101990 of 2024 C/W CRL.P Nos.101991/2024, 101992/2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 101990/2024
C/W
CRIMINAL PETITION NOs.101991/2024, 101992/2024
IN CRL.P101990/2024:
BETWEEN:
UNION BANK OF INDIA KURUBGONDA BRANCH, TQ AND DIST HAVERI, REP BY ITS PRESENT BRANCH MANAGER, NAMELY ANIL KUMAR S/O SANJEEV SHETTY K AGE. 35 YEARS OCC. BRANCH MANAGER,
…PETITIONER
Digitally signed by NANDINI MS Location: High Court of Karnataka
(BY SRI GIRISH S. HULMANI, ADV.)
AND:
S/O VIRUPAKSHAPPA PUJAR AGE. 38 YEARS OCC AGRICULTURE AND BUSINESS, R/O CHIKKABASUR TQ BYADGI, DIST HAVERI - 581 110.
…RESPONDENTS
NC: 2024:KHC-D:16646 CRL.P No. 101990 of 2024 C/W CRL.P Nos.101991/2024, 101992/2024
(BY SMT. GIRIJA HIREMATH, HCGP FOR R-2)
THIS CRIMINAL PETITION IS FILED U/S 439(2) OF CR.P.C., SEEKING TO SET ASIDE THE ORDER PASSED BY PRL.DISTRICT AND SESSIONS JUDGE, HAVERI IN CRL.MISC.NO.874/2023 DATED 07.12.2023 WHEREIN GRANTED REGULAR BAIL IN CRIME 92/2023 OF HAVERI CEN CRIME POLICE STATION FOR THE OFFENCE PUNISHABLE U/S 120B, 409, 420, 471, 477, 477(a) R/W 34 OF IPC, AND DIRECT THE RESPODENT NO.1/ACUSED NO.4 HEREIN TO SURRENDER HIMSELF TO THE AUTHORITY OF LAW.
IN CRL.P101991/2024:
BETWEEN:
UNION BANK OF INDIA KURUBGONDA BRANCH TQ & DIST: HAVERI, REP BY ITS PRESENT, BRANCH MANAGER NAMELY ANIL KUMAR S/O SANJEEV SHETTY K AGE 35 YEARS
OCC: BRANCH MANAGER.
…PETITIONER
(BY SRI GIRISH S HULMANI, ADV.)
AND:
REP. BY ADDL. SPP HIGH COURT, DHARWAD.
…RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP FOR R-2)
THIS CRL.P IS FILED IS FILLED U/S 439(2) OF CR.P.C. SEEKING TO SET ASIDE THE ORDER PASSED BY PRL. DISTRICT AND SESSIONS JUDGE, HAVERI IN CRL.MISC NO.838/2023 DATED 06.12.2023 AND DIRECT THE RESPONDENT NO.1/ACCUES NO.2 HEREIN TO SURRENDER HIMSELF TO THE AUTHORITY OF LAW.
NC: 2024:KHC-D:16646 CRL.P No. 101990 of 2024 C/W CRL.P Nos.101991/2024, 101992/2024
IN CRL.P101992/2024:
BETWEEN:
UNION BANK OF INDIA KURUBGONDA BRANCH TQ & DIST: HAVERI, REP BY ITS PRESENT, BRANCH MANAGER NAMELY, ANIL KUMAR S/O SANJEEV SHETTY K AGE 35 YEARS OCC: BRANCH MANAGER.
…PETITIONER (BY SRI GIRISH S HULMANI, ADV.)
AND:
…RESPONDENTS (BY SMT. GIRIJA HIREMATH, HCGP FOR R-2)
THIS CRL.P IS FILED U/S 439(2) OF CR.P.C. SEEKING TO SET ASIDE THE ORDER HAVERI IN CRL.MISC NO.836/2023 DATED 04.12.2023 AND DIRECT THE RESPONDENT NO.1/ACCUSED NO.2 HEREIN TO SURRENDER HIMSELF TO THE AUTHORITY OF LAW.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
arrested in the case and he had filed Crl. Misc. No.874/2023 before the jurisdictional Sessions Court, which was allowed on 07.12.2023. Challenging the aforesaid orders passed by the learned Sessions Judge granting anticipatory bail to accused nos.2 & 3 and regular bail to accused no.4, the defacto complainant is before this Court.
Bank of India, Kurubagonda Branch, Haveri District. As per the averments in the first information, on 30.10.2023, when the ATM Channel Manager visited Kurubagonda Branch, he observed that there was cash shortage of Rs.31,33,500/- in the loaded ATM machine. It is also stated that nine complaints were received for the period between the month of April 2023 to October 2023 alleging misappropriation of Rs.81,45,420/- from the bank account of the customers. It is in this background, FIR was registered in Crime No.92/2023 against accused no.1 and two others. Accused no.1 is said to be the Manger of Union Bank of India, Kurubagonda Branch, who had taken charge of the branch on 02.05.2023. Accused nos.2 & 3 are said to be the officials working in the said bank, and accused no.4 is a private person.
Accused no.1 was transferred from the said Bank on 26.10.2023 and she was relieved from the said bank on the very same day. The allegation against accused no.1 is that on 27.01.2023, she along with accused nos.2 & 3 had gone to the bank and collected huge amount of cash and other valuables from the bank and had misappropriated the same. Bail application filed by accused no.1 before the jurisdictional Sessions Court was rejected, and therefore, she had approached this Court in Crl.P.No.100064/2024. Considering the fact that accused nos.2 to 4 were already granted bail in the case, this Court has granted regular bail to accused no.1 in Crl.P.No.100064/2024 disposed of on 01.02.2024, and the said order has attained finality. This Court while granting regular bail to accused no.1, has observed that accused nos.2 & 3 have been granted anticipatory bail and accused no.4 who was in custody for nearly one month has been granted regular bail by the jurisdictional Sessions Court and the said orders have not been questioned. It is only thereafter, the present petitions are filed seeking cancellation of the anticipatory bail granted to accused nos.2 & 3 and regular bail granted to accused no.4.
granted bail have not been cooperating with the Investigating Officer or in any manner they have tried to tamper with the material evidence. Learned HCGP, on the other hand, has submitted that investigation in the case is under progress and all the accused who have been enlarged on bail have been cooperating for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner/defacto complainant has not made out any exceptional or supervening circumstances which calls for interference with the orders impugned passed by the learned Sessions Judge and cancel the anticipatory bail and regular bail granted to accused nos.2 to 4. Therefore, the petitions lacks merit, and the same are, accordingly, dismissed.
SD/(S.VISHWAJITH SHETTY) JUDGE
KK
2 issues framed by the court
Whether the High Court should interfere with the Sessions Court order granting anticipatory and regular bail to accused persons where no exceptional or supervening circumstances exist.
Whether the delay in filing set-aside petitions and lack of evidence regarding tampering with evidence warrants cancellation of bail orders.
1 provisions across 1 enactments
Union Bank of India Kurubgonda Branch
Bangareppa
State of Karnataka
Shantappa
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
