Farooq Hasan Vs the State of Karnataka

THE STATE OF KARNATAKA, THROUGH PSI, ADARSH NAGAR POLICE STATION, VIJAYPUR, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL’S OFFICE, HIGH COURT BUILDING, KALABURAGI-585107.

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…RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF BNSS, 2023 PRAYING TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST IN ADARSH NAGAR POLICE STATION, VIJAYAPUR CRIME NO.94/2022 REGISTERED FOR THE

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HC-KAR

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OFFENCES PUNISHABLE UNDER SECTIONS 420, 465, 468, 471 OF IPC ON THE FILE OF THE V ADDL. CIVIL JUDGE AND JMFCIV VIJAYAPUR ON SUCH TERMS AND CONDITIONS AS THIS HONOURABLE COURT DEEMS FIT TO IMPOSE UPON HIM.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

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Heard Sri S.S. Mamadapur, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State.

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The present petition is filed under Section 438 of Cr.P.C., with the following prayer:

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“Wherefore the petitioner most humbly prays that the Hon’ble Court may kindly be pleased to enlarge him on bail in the event of his arrest in Adarsh Nagar Police Station, Vijayapur Crime No.94/2022 registered for the offences punishable under Section 420, 465, 468, 471 of IPC on the file of the Hon’ble V Addl. Civil Judge and JMFC-IV, Vijaypur on such terms and conditions as this

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HC-KAR

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Hon’ble Court deems fit to impose upon him in the interest of justice and equity.”

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The facts in the nutshell for the disposal of the

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present petition are as under:

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Upon a complaint lodged by Narsimha Sadhum, the Manager of Canara Bank, Adarsh Nagar Police, Vijayapur District have registered a case in Crime No.94/2022 on 18.09.2022 for the offences punishable under Sections 420, 465, 468 and 471 of IPC.

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The gist of the complaint averments would reveal that first accused, who is the petitioner herein along with other accused persons being the partners of Asian Exports Firm, obtained a loan of Rs.95,00,000/- and they became defaulters. As on 30.08.2022, there was a due in a sum of Rs.1,35,95,711.91/- in their account. As a security, a property that has been furnished by way of an equitable mortgage was improper and fraud played on the bank at the time of obtaining the loan by impersonating the real owner. Therefore the Manager of the Canara

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HC-KAR

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Bank lodged a complaint for taking action against the petitioner.

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Admittedly, the chargesheet is not yet filed by the jurisdictional police for want of presence of the present petitioner. The present petitioner after coming to know about the registration of the case, approached the District Court and the learned District Judge denied the grant of anticipatory bail.

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Sri S.S. Mamadapur, learned counsel for the

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petitioner would contend that the petitioner is innocent of the alleged offences and a false case has been foisted against him.

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Per contra, learned High Court Government Pleader opposes the grant of anticipatory bail on the ground that there is a fraud at the inception for taking the loan itself. Therefore, the petitioner is not entitled for grant of anticipatory bail.

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HC-KAR

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Having heard both sides, this Court perused the

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material on record meticulously. On such perusal of the material on record, it is crystal clear that even though the matter is pending from 2022, the investigating agencies have not taken proper steps to complete the investigation and file chargesheet showing the present petitioner as an absconding accused. Under such circumstances, directing the petitioner to join the investigation and co-operate for the investigation including furnishing a thumb impression, specimen signature and password of email, mobile phone etc., would not only meet the ends of justice but also facilitate the investigation process also. Accordingly, without expressing further opinion on the merits of the case, the following:

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ORDER

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The petition is allowed.

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The petitioner is directed to join the investigation by appearing before the investigating officer on 09.06.2025 at 10-00 a.m.

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HC-KAR

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The investigating officer is at liberty to take the petitioner to custody and complete the investigation process on the same day before 0700 p.m.

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The petitioner shall co-operate with the investigating officer in all respect including furnishing a specimen handwriting, specimen thumb impression, password of email, mobile phone, if any, etc.

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After completion of the investigation on the same day before 07-00 p.m., the investigating officer shall enlarge the petitioner on bail in Crime No.94/2022 of Golgumbaz Circle, Vijayapur District by taking a 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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The petitioner shall co-operate with the investigating agency and in that direction, shall mark his attendance every third Sunday between 10-00 a.m., to 02-00 p.m., till the final report is filed.

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