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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24^TH DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

CRL.P.No.200248/2021

C/W

CRL.P.No.200253/2021

BETWEEN:

Eashwarappa, S/o Kalyanappa,

Age: 44, Occ: Field Supervisor,

R/o 5^th Ward, Near Eashwar Temple,

Salagunda village,

Tq: Sindhanoor, Dist: Raichur.

…PETITIONER

(COMMON)

(By Sri Mahantesh Patil, Adv.)

AND:

The State of Karnataka,

R/by Addl. SPP,

Kalaburagi Bench,

(Through Sindhanoor Town

P.S., Taluk Sindhanur,

Dist: Raichur.

…RESPONDENT

(COMMON)

(By Sri Sharanabasappa M.Patil, HCGP)

Crl.P.No.200248/2021 is filed under Section 438 Cr.PC

praying to enlarge the petitioner on bail in the event of arrest

in Crime No.97/2020 of Sindhanoor Police Station, Raichur

District, for the offences p/u/s 406, 409, 417, 418, 420 IPC,

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pending before the Prl. Civil Judge (Jr.Dn.) & JMFC, Court

Sindhanoor, Raichur District.

Crl.P.No.200253/2021 is filed under Section 438 Cr.PC

praying to enlarge the petitioner on bail in the event of arrest

in Crime No.95/2020 of Sindhanoor Police Station, Raichur

District, for the offences p/u/s 406, 409, 417, 418, 420 IPC,

pending before the Senior. Civil Judge & JMFC, Sindhanur.

These petitions coming on for Orders, this day, the

Court made the following:

ORDER

1.

These petitions are filed by the petitioner seeking the

relief of anticipatory bail in Crime Nos.97/2020 and 95/2020

registered by Sindhanoor Police Station for the offences

punishable under Sections 406, 409, 417, 418, 420 IPC.

2.

Brief facts of the case are, the Manager of State Bank of

India has lodged private complaints in P.C.Nos.184/2020

and 186/2020 alleging that the complainant-Bank has

appointed M/s. National Collateral Management Services

Limited as its Collateral Manager for providing services to the

agricultural farmers who intended to obtain financial

accommodation from the bank against the pledge of

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commodity (paddy stock) managed by the said Collateral

Manager and there was an agreement entered into between

the Collateral Manager and the Bank. As per the certification

given by the Collateral Manager with regard to availability of

paddy stock in their warehouse, loans were sanctioned by the

Bank to the farmers on the security of paddy stock.

Subsequently, it came to the notice of the Bank that the

paddy stock was clandestinely removed from the warehouse

on the basis of forged release documents, and therefore, the

security to the loan borrowed by the farmers was not

available. Under the circumstances, private complaints came

to be lodged by the bank against the borrower and the

employees of the Collateral Manager. Petitioner who is the

Field Supervisor of Collateral Manager has been arrayed as

accused no.3 in the said complaints.

3.

The jurisdictional magistrate after receiving the private

complaints has referred the same to the jurisdictional police

under Section 156(3) for investigation, who inturn registered

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FIR in Crime Nos.97/2020 and 95/2020, respectively.

Apprehending arrest in the said case, petitioner had filed

applications under Section 438 Cr.PC before the Court of II

Addl.

District

&

Sessions

Judge

at

Raichur,

in

Crl.Misc.Nos.1168/2020

&

1167/2020,

which

were

dismissed by the said Court on 13.01.2021.

4.

Learned Counsel for the petitioner submits that the

petitioner is innocent of the alleged offences. He has no role

in the alleged crime. He is only working as a Field Supervisor

and is not involved in the management affairs of the

Collateral Manager. In fact, the Collateral Manager itself has

lodged police complaint against its employees who had

indulged in forging the documents so as to enable release of

paddy stock from the warehouse clandestinely. He submits

that the petitioner is not named in the said complaints by the

Collateral Manager, which prima facie shows that the

petitioner is not involved in the crim