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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 12^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION No.200502/2021

BETWEEN:

MOHAN S/O BHIMARAO KOUTAL

AGE 62 YEARS, OCC: BUSINESS,

R/O RAM MANDIR ROAD, VIJAYAPURA 586101.

...PETITIONER

(BY SRI. R. S. LAGALI, ADVOCATE)

AND

THE STATE OF KARNATAKA

THROUGH THE SHO, GANDHI CHOWK PS

VIJAYAPURA, REPRESENTED BY

THE ADDL. STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

KALABURAGI BENCH 585103.

…RESPONDENT

(BY SRI. GURURAJ V. HASILKAR, HCGP )

THIS CRL.P FILED U/S. 438 OF CR.P.C BY THE

PETITIONER PRAYING THAT THIS HON'RABLE COURT MAY

BE PLEASED TO, ENLARGE THE PETITIONER ON BAIL IN

THE EVENT OF ARREST IN CRIME NO.19/2009 OF GANDHI

CHOWK P.S. FOR THE OFFENCES P/U/SEC. 465, 468, 471,

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420, 120(B) R/W SEC.34 OF IPC, PENDING BEFORE I

ADDITIONAL CIVIL JUDGE AND JMFC, COURT VIJAYAPURA.

THIS

PETITION

HAVING

BEEN

HEARD

AND

RESERVED FOR ORDERS ON 31.03.2021, COMING ON FOR

'PRONOUNCEMENT OF ORDER', THIS DAY THE COURT

MADE THE FOLLOWING:

O R D E R

Petitioner, who is accused No.8 in the charge sheet

filed by Gandhi Chowk police station, Vijayapur district in

FIR No.19/2009 is before this Court seeking grant of

anticipatory bail.

2.

Brief facts which are necessary for disposal of

the petition are as under:

On 17.01.2009 one Pramod, who was the Manager of

Vijaya Bank, Vijayapura Branch lodged a complaint against

the petitioner and six others for the offences punishable

under Sections 465, 468, 471, 420, 120B read with

Section 34 of IPC before Gandhi Chowk police station,

Vijayapura.

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The said complaint was being investigated and

abscondance charge sheet filed against the present

petitioner and as per the charge sheet, the present

petitioner is accused No.8. The complainant had noticed

illegalities in granting two loans and disbursement

pertaining to accused No.1. As per further enquiry, which

got reveald that on 24.11.2003 and on 08.07.2006

accused No.1 - Basappa availed two loans in a sum of

Rs.9,00,000/- and Rs.18,10,000/- respectively. Accused

No.2 and 3 stood as guarantors to the loan transactions

and accused Nos.4 and 5 has shown some properties to

accused No.1 for which purpose he availed the loan.

Petitioner herein had given a helping hand in the sanction

of loan.

3.

Learned

counsel

for

the

petitioner

Sri R.S.Lagali submits that petitioner is a law abiding

citizen and a reputed valuator and he is on the panel of

member of nationalized Bank and he is having a high

dignity in the society. He also submits that the petitioner

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has deposed on behalf of Lokayukta in many cases and he

is having a HP Gas dealership in the name and style of Sri

Enterprises, Vijayapura and have deep root in the society.

He further contended that his office is situated very close

the Court complex and police have unnecessarily shown

him as absconding without making proper efforts to search

him. He also contended that the petitioner has undergone

open heart surgery and he is under total medical care and

attention and if the petitioner is kept in custody, his self

health would be adversely effected and therefore sought

for grant of anticipatory bail.

4.

Per contra, learned High Court Government

Pleader while opposing the petition, contended that in fact

the petitioner did approach the Sessions Court with a

similar request and his request was turned down by order

dated 21.03.2020 and from the date onwards, the

accused/petitioner has not appeared before the Court and

very fact that abscondence charge sheet is filed and case

came to be split up against the present petitioner by the

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learned

Magistate

clearly

indicate

that

the

accused/petitioner is not a law abiding citizen and

therefore sought for dismissal of the petition.

5.

Having heard the parties and perused the

materials on record, it is revealed from the complaint

averments itself