- 1 - HC-KAR NC: 2025:KHC-D:8761 CRL.P No. 102318 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102318 OF 2025 (439 OF Cr.PC/483 OF BNSS) BETWEEN: SHRI KIRAN S/O. SAKARAM SUPALI, AGE: 40 YEARS, OCC: BUSINESS, R/O. MARATHA GALLI, NEAR SHIVAJI MURTHY, GOKAK, TQ. GOKAK, DIST. BELAGAVI-591307. …PETITIONER (BY SHRI SABEEL AHMED, ADV. FOR SHRI A. S. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH PSI, GOKAK TOWN POLICE STATION, NOW REPRESENTED BY ITS ADDL. STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGED THE PETITIONER/ACCUSED NO.14 ON REGULAR BAIL IN CRIME NO.91/2024 OF GOKAK TOWN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 49, 61(2), 316(2), 316(5), 318(4), 336(2), 336(3) AND 340(2) OF BNS 2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8761 CRL.P No. 102318 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri Sabeel Ahamed, learned counsel for Shri A.S.Patil, learned counsel for the petitioner and Sri Jairam Siddi, learned High Court Government Pleader for respondent – State. 2. This petition is filed under Section 439 of the Code of Criminal Procedure, 1973, (“Cr.P.C.” for short) (Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023) by the petitioner – accused No.14 seeking bail in C.C.No.725/2025 on the file of learned Principal Senior Civil Judge and JMFC, Gokak (Arising out of Crime No.91/2024 of Gokak Town Police Station) for the offences punishable under Sections 49, 61(2), 316(2), 316(2), 316(5), 318(4), 336(2), 336(3) and 340(2) read with Section 3(5) of the Bharatiya Nyana Sanhita, 2023. 3. Brief facts of the prosecution case are as under: - 3 - HC-KAR NC: 2025:KHC-D:8761 CRL.P No. 102318 of 2025 The defacto complainant, Mr.Jitendra Balasaheb Mangalekar, the Chairman of Shree Mahalaxmi Urban Cooperative Credit Bank Limited, Gokak (“the Bank” for short) has filed a complainant alleging that, on 10.09.2024, the complainant noticed that there is increase in cash credit and deposit ratio upon enquiry with the General Manager, Mr.Siddappa Sadashiv Pawar about the said increasing of credit and deposit ratio, he did not give appropriate answer. He further alleged that, accused Nos.1 to 5, who are employees of the Bank and accused No.1 and 3 transferred the money to the account of their relatives and friends i.e., accused Nos.6 to 14 they created fake fixed deposits in the names of accused Nos.6 to 14, and borrowed loans on the fixed deposit cash credit (FDCC Loans) for a sum of Rs.6,97,30,036/- and misappropriated a sum of Rs.81,83,67,000/- by accused Nos.1 to 5 in collusion with accused Nos.6 to 14 during the period from 01.07.2021 till 20.04.2024, thereby causing loss to the Bank. This led to registration of FIR and investigation. - 4 - HC-KAR NC: 2025:KHC-D:8761 CRL.P No. 102318 of 2025 4. During the course of investigation, it was revealed that, a fake fixed deposit account was opened in the name of petitioner by accused Nos.1, 2 and 4 and they transferred a sum of Rs.4,74,60,000/- and a CC loan of Rs.1,00,00,000/- was transferred to his account. Being aggrieved by the same, the petitioner preferred this petition. 5. Learned counsel for petitioner contended that, the petitioner is innocent and he has been falsely implicated in this case. The entire contents of the FIR and the complaint do not make out the alleged offences and there is no prima facie case made out against the petitioner. It was contended that, the petitioner is doing cement business and at no point of time he was working as peon in the aforesaid Bank. Now the investigation is completed and Investigating Officer has filed a charge sheet. The petitioner is ready to abide by the conditions that may be imposed by this Court and he prayed to grant of bail. 6. Learned High Court Government Pleader contended that there is sufficient material collected by the - 5 - HC-KAR NC: 2025:KHC-D:8761 CRL.P No. 102318 of 2025 Investigating Officer to show the involvement of the present petitioner in the alleged crime. The present petitioner being peon of the Bank has received a sum of Rs.4,74,60,000/- from the Bank on a fake fixed deposit and CC loan created by accused Nos.1, 2 and 4. If the petitioner is released on bail, he may tamper with the prosecution witnesses and hamper the trial and threaten the witnesses. Hence, he prayed for rejection of the petition. 7. On perusal of the material available on record, it appears that the defacto complainant has lodged a complaint alleging misappropriation of funds of the Bank by accused Nos.1 to 14. As per the investigation report, the petitioner – accused No.14 was working as peon in the Bank. The investigation report further reveals that accused Nos.1, 2 and 4 had transferred a sum of Rs.4,74,60,000/- towards fixed deposit loan and Rs.1,00,00,000/- towards CC loan, and this fact was within the knowledge of the petitioner. It appears that there is prima facie material against the petitioner and his involvement in the entire scam of - 6 - HC-KAR NC: 2025:KHC-D:8761 CRL.P No. 102318 of 2025 Rs.81,83,67,000/-. It shows that, huge amount is involved in this case. 8. Hence, the bail petition filed by the petitioner – accused No.14 is liable to be dismissed. Accordingly, the criminal petition is hereby dismissed. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 28