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2025 DAILYLAW 50091 (KAR)

VENKATESH S/O FAKIRAPPA MAJJIGUDDA v. STATE OF KARNATAKA

CRL.P/101373/2025 · 2025-04-29

V Srishananda

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:7024 CRL.P No. 101373 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101373 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: VENKATESH S/O FAKIRAPPA MAJJIGUDDA AGE: MAJOR, OCC: BRANCH MANAGER, CANARA BANK, ANKOLA -581314 UTTARA KANNADA. …PETITIONER (BY SRI V.M. SHEELVANT, ADVOCATE) AND: STATE OF KARNATAKA THROUGH BY PSI ANKOLA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH AT DHARWAD. …RESPONDENT (BY SMT. GIRIJA S. HIREMATH, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. (483 OF BNSS,2023), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN ANKOLA POLICE STATION CRIME NO.44/2024, PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UTTAR KANNADA KARWAR, REGISTERED FOR THE OFFENCE PUNISHABLE U/S 201, 409, 420, 468 OF IPC AND SECTION 13(1) (a) OF PREVENTION OF CORRUPTION (AMENDMENT ACT) 2018. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7024 CRL.P No. 101373 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.V.M.Sheelavant, learned counsel for the petitioner and Smt.Girija S. Hiremath, learned High Court Government Pleader for respondent-State. 2. Petitioner is in custody on and from 30.01.2025 in respect of Crime No.44/2024 registered by Lokayukta Police, karwar for the offence punishable under Sections 201, 409, 420, 468 of the Indian Penal Code (for short, ‘the IPC) and Section 13(1) (a) of the Prevention of Corruption (Amendment Act). 3. Gist of the complaint averments would reveal that petitioner being the employee of the Canara Bank, Ankola Branch, misappropriated the funds of the Canara Bank by tampering the records maintained in the bank and had a wrongful gain for himself which would also attract the offence under Section 13 (1) (a) of the Prevention of Corruption Act. - 3 - NC: 2025:KHC-D:7024 CRL.P No. 101373 of 2025 4. Petitioner being the employee of the Canara Bank, Lokayukta Police registered the case against the complainant, based on the complaint lodged by the officials of the Canara Bank. Since employee of the Canara Bank would be a public servant, whether at all Karnataka Lokayukta has got a jurisdiction to register case against the petitioner itself is doubtful. More so, having regard to the fact that provision of Prevention of Corruption Act is invoked. 5. Since accused is in custody on and from 30.01.2025 and taking note of the offences alleged against the present petitioner, continuation of the petitioner in judicial custody is no longer warranted. 6. Other apprehensions of the prosecution can be met with by imposing suitable and stringent conditions. 7. Accordingly, following order is passed. ORDER i. The criminal petition is allowed. - 4 - NC: 2025:KHC-D:7024 CRL.P No. 101373 of 2025 ii. The Petitioner shall be enlarged on bail on executing a personal bond in a sum of Rs.1,00,000/- [Rupees one lakhs only] with two sureties for the likesum to the satisfaction of the learned Trial Judge. iii. The petitioner shall not directly or indirectly tamper the prosecution evidence in any manner. iv. Petitioner shall not leave the jurisdiction of Uttara Kannda District without prior permission. v. Petitioner shall attend the court regularly. vi. The petitioner shall not indulge in similar offences. - 5 - NC: 2025:KHC-D:7024 CRL.P No. 101373 of 2025 Violation of any of the above conditions, would entitle the prosecution to seek for cancellation of bail. Ordered accordingly. Sd/- (V.SRISHANANDA) JUDGE AC CT:GSM List No.: 1 Sl No.: 7