Allowed

Devappa Veerappa Malasamudra (Name as Per Fir) v. the State of Karnataka

Karnataka HC26 Sept 2024CRL.P/102782/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by accused No.1 in a bank fraud case involving fake gold ornaments; petitioner had repaid the entire loan and had no criminal antecedents. Court granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted: release on arrest in Crime No.3/2023 on personal bond Rs.1,00,000 with two sureties, subject to conditions.

Devappa Veerappa Malasamudra (Name as Per Fir) Vs the… — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC-D:14103 CRL.P No. 102782 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF SEPTEMBER, 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. 102782 OF 2024

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BETWEEN:

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DEVAPPA VEERAPPA MALASAMUDRA (NAME AS PER FIR) DEVAPPA S/O VEERAPPA MALKASAMUDRA (AS PER DISTRICT COURT ORDER) AGE. 38 YEARS OCC. DRIVER, R/O. ASUNDI TQ. GADAG, DIST. GADAG PIN CODE - 582 103.

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…PETITIONER

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(BY SRI SACHIN C ANGADI, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH KUSTAGI P.S KUSTAGI, R/BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD, PIN CODE - 580 001.

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(BY SRI JAIRAM SIDDI, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. (U/S. 482 OF BNSS, OF 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.1/PETITIONER ON ANTICIPATORY BAIL CRIME NO. 03/2023 REGISTERED BY KUSTAGI PS, KUSTAGI FOR THE OFFENCE P/U/SEC. 406 AND 420 OF IPC, PENDING ON THE FIE OF PRL. CIVIL JUDGE (JR.DIVN) AND JMFC COURT, KUSTAGI.

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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:14103 CRL.P No. 102782 of 2024

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CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused No.1 in Crime No.3/2023 registered by Kushtagi Police Station, Koppal, 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.3/2023 was registered by Kushtagi Police Station, Koppal, for the aforesaid offences against Devappa Veerappa and another. Apprehending arrest in the said case petitioner had filed Crl.Misc.No.174/2024 before the jurisdictional Sessions Court which was dismissed on 27.04.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that accused No.2 has been granted anticipatory bail by this Court in Crl.P.No.100127/2024. Petitioner has already paid the entire loan amount that was due to the Bank and this aspect of the

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3 - NC: 2024:KHC-D:14103 CRL.P No. 102782 of 2024

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matter was taken note of by this Court while granting anticipatory bail to accused No.2.

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Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner.

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This Court while granting anticipatory bail to accused No.2 in Crl.P.No.100127/2024 disposed of on 29.01.2024 in paragraph No.6 of the order, has observed as under:-

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6. In the complaint dated 02.01.2023 lodged by Tippanna Rathod, Manager of Canara Bank, Kushtagi, it is averred that accused No.1 had availed bank loan by pledging fake gold ornaments and accused No.2 who was the official appraiser of gold for the Bank had conspired with accused No.1 to enable him to obtain loan on the basis of fake gold ornaments. The material on record would go to show that petitioner was serving as a gold appraiser of complainant bank from the year 2011 and certificate was issued in the 2022 by the Bank that petitioner was very honest and dedicated employee with very good knowledge. Learned counsel for the petitioner submits that except the present incident, there are no earlier complaints against the petitioner. He has produced material before this Court to show that accused No.1 has

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NC: 2024:KHC-D:14103 CRL.P No. 102782 of 2024

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already repaid entire loan amount to the bank. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of 7 years. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered in the affirmative.…"

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From the aforesaid, it is very clear that petitioner/accused No.1 had repaid the entire loan amount that was due to the Bank. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner, who has no criminal antecedents, has made out a prima facie case for grant of anticipatory bail. Accordingly, the following order:-

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.3/2023 registered by Kushtagi Police Station, Koppal, for the offences punishable under Sections 406 and 420 of IPC, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall

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NC: 2024:KHC-D:14103 CRL.P No. 102782 of 2024

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execute a personal bond for a sum of Rs.1,00,000/with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioner shall not involve in similar offences in future;

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Sd/-

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(S.VISHWAJITH SHETTY) JUDGE

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Devappa Veerappa Malasamudra (Name as Per Fir) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Devappa Veerappa Malasamudra (Name as Per Fir) v. the State of Karnataka

Case brief

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What did the court decide?

What the court decided

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