1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 11^TH DAY OF JUNE 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.101020/2021

BETWEEN:

VENUGOPAL S/O: KRISHNAREDDY,

AGE: 51 YEARS, OCC: AGRICULTURIST,

R/O: BOTTADAPPANAHALLI (VILLAGE)

RQ: GOURIBIDANUR,

DIST: CHIKKABALLAPUR-561208.

...PETITIONER

(BY SRI.SAURABH A.SANDUR, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH YEALLAPUR POLICE STATION

REP. BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA,

DHARWAD BENCH-580001.

... RESPONDENT

(BY SRI. RAMESH CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., SEEKING TO GRANT BAIL TO THE PETITIONER

IN YELLAPUR POLICE STATION CRIME NO.233/2019

WHICH IS REGISTERED AS S.C.NO.5009/2021 ON THE

FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, U.K.

KARWAR,

SITTING

AT

SIRSI,

ITIRNERARY

AT

YELLAPUR, FOR THE OFFENCES PUNISHABLE UNDER

SECTIONS 406, 413 AND 420 OF IPC.

2

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the accused under

Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the 8Cr.P.C.9,

for brevity) seeking bail in Crime No.233/2019

of Yellapur Police Station, registered for the

offences punishable under Sections 406, 413

and 420 of The Indian Penal Code (hereinafter

referred to as the 8IPC9, for brevity).

2.

It is the case of the prosecution that

one Sri. Krishna Subbayya Naik, has filed the

complaint stating that he and his wife were

holding account in the State Bank of India and

on 17.12.2019, the complainant had gone to

withdraw cash from an ATM and since he was

unable to withdraw cash from the ATM, he

3

requested an unknown person standing near

him to help him out. The said unknown person

inserted the card in ATM and complainant

himself has entered the 4 digit secret pin and

thereafter

an

amount

of

Rs.20,000/-

(Rs.10,000/- was withdrawn twice) as required

by the complainant came to be withdrawn by

the complainant. That on 18.12.2019, when the

complainant went to withdraw amount from the

ATM since he did not get any cash, the

complainant called up his son and informed

regarding the said fact. When the son of the

complainant came to the spot and tried to draw

money from the ATM, it was found that the

ATM card had name of Roopa appearing on it

and as such the complainant and his son came

to

know

that

the

ATM

card

had

been

exchanged. Later, on 19.12.2019, in the

4

morning

hours

the

complainant

started

receiving

messages

on

his

mobile

phone

regarding withdrawal and later on inquiry with

the bank, it was learnt by the complainant that

a sum of Rs.40,000/- had been withdrawn from

his account. Hence, the said complaint is filed

on 19.12.2019 and it came to be registered in

Yellapur Police Station in Crime No.233/2019

for the offence under Section 420 of IPC. The

petitioner came to be arrested on 03.11.2020.

The Investigating Officer after the investigation

has filed the charge sheet against the present

petitioner.

He

filed

bail

application

in

S.C.No.5009/2021 and the same came to be

rejected by the I Addl. District and Sessions &

Judge, Sirsi, Itinerary at Yellapur, by order

dated 09.04.2021. Therefore, the petitioner is

before this Court seeking bail.

5

3.

Heard the learned counsel appearing

for the petitioner and the learned High Court

Government Pleader for the respondent-State.

4.

It is the contention of the learned

counsel for the petitioner that the accused-

petitioner is innocent, he has not committed

any offence as alleged and he has been falsely

implicated in this case. The petitioner has been

implicated only on the basis of his voluntary

statement said to have been given by him.

There are no materials to connect the present

petitioner with the alleged theft of the ATM

card of the complainant and withdrawal of

Rs.40,00