IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 169 OF 2021 BETWEEN:

1. DHARANENDRA KUMAR AGED ABOUT 72 YEARS S/O GUMANNA SHETTY R/AT BANDASALE HOUSE SHIRTHADY VILLAGE AND POST MOODABIDRI TALUK D.K. DISTRICT - 574 236.

2. ARAVIND KUMAR AGED ABOUT 77 YEARS S/O S. JINARAJ SHASTRY R/AT SHIRTHADY BEEDU HOUSE SHIRTHADY VILLAGE AND POST MOODABIDRI TALUK D.K. DISTRICT - 574 236.

…PETITIONERS (BY SRI NISHIT KUMAR SHETTY, ADV.)

AND:

Digitally signed by NANDINI M S STATE OF KARNATAKA BY Location: HI GH INSPECTOR OF POLICE F.S.C.O.D COURT OF BANGALORE, REPRESENTED BY KARNATAKA STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001.

…RESPONDENT (BY SRI ANOOP KUMAR M.V, HCGP;

V/O DTD 13.02.2026 PETITION AGAINST P-2 IS DISMISSED AS ABATED)

THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVCITION DATED 20.11.2019 PASSED BY THE CIVIL JUDGE AND J.M.F.C., MOODABIDRI, D.K. DISTRICT IN C.C.NO.62/2004 AND THE JUDGMENT AND ORDER DATED 29.01.2021 PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN CRL.A.NO.207/2019.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused no.1 is before this Court in this criminal revision petition filed under Sections 397 read with 401 of Cr.PC with a prayer to set aside the judgment and order dated 20.11.2019 passed in CC.No.62/2004 by the Court of Civil Judge & JMFC, Moodbidri, D.K. District, and the judgment and order dated 29.01.2021 passed in Crl.A.No.207/2019 by the Court of III Addl. District & Sessions Judge, D.K. Mangaluru. 2. Heard the learned Counsel for the parties.

3. Petitioner herein along with another was charge-sheeted for the offences punishable under Sections 408, 468, 471, 477A, 201 read with 34 of IPC and were tried for the said offences before the jurisdictional Court of Magistrate in CC.No.62/2004.

4. It is the case of the prosecution that petitioner who was working as Secretary of Shirthadi Service Co-operative Society along with accused no.2 who was working as President of the said Society, during the check period from 08.05.1978 to 10.12.1979 had submitted 127 loan applications in the name of fictitious persons to SCDCC Bank and considering the said loan applications, total loan amount of Rs.16,38,250/- was sanctioned by SCDCC Bank which was allegedly misappropriated by accused nos.1 & 2, and thereby they had committed the charge-sheeted offences.

5. According to the prosecution, there was a surcharge proceedings initiated against the Society and even in the audit report of the society, the alleged fraud committed by the accused was noted. It is under these circumstances, PW-4 who was the then Secretary of SCDCC Bank had submitted the complaint (Ex.P-38) enclosing certain annexures to the said complaint (Exs.P-32 to P-37). Based on the complaint received from PW-4, initially FIR was registered against eight persons. However, after completing investigation, charge sheet was filed only against accused nos.1 & 2 who were working as Secretary and President of the aforesaid Society.

6. The prosecution in order to prove its charges against the accused, in all had examined 17 charge-sheet witnesses as PW- 1 to PW-17 and had got marked 253 documents as Exs.P-1 to P-253. However, on behalf of the defence, no oral evidence was adduced. Four documents were got marked as Exs.D-1 to D-4 by the defence.

7. The Trial Court after the hearing arguments addressed on both sides and on appreciating the oral and documentary evidence placed on record, convicted and sentenced accused nos.1 & 2 for the charge-sheeted offences. The said judgment and order of conviction passed by the Trial Court against accused nos.1 & 2 was challenged by them before the Court of III Addl. District & Sessions Judge, D.K. Mangaluru in Crl.A.No.207/2019