- 1 - HC-KAR NC: 2025:KHC-D:9495 CRL.P No. 100021 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100021 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: DIPAK S/O SHRIDHARRAO DIGHOLE, AGE: 37 YEARS, OCC: MANAGER OF CANARA BANK, R/O: CHATRAPATI SAMBHAJI NAGAR, AURANGABAD, MAHARASHTRA-431 001. … PETITIONER (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY THE POLICE SUB-INSPECTOR, IGALI POLICE STATION, ATHANI CIRCLE, DIST: BELAGAVI-590 002, AND ALSO R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD. 2. SAIDAPPA S/O. PUNDALIK MADAR, AGE: 46 YEARS, OCC: UNEMPLOYED, R/O: MADAR ONI, IGALI VILLAGE, TALUK: ATHANI, DIST: BELAGAVI-590 002. …RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HUMUNREDDY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.129/2023 REGISTERED BY THE IGALI POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTION THE SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 UNDER SECTIONS 3(1)(S), 3(2)(VA) R/W SECTION 166 OF THE IPC. Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9495 CRL.P No. 100021 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in Crime No.129/2023 registered by Aigali Police Station, Belagavi District for offences punishable under Section 166 of IPC and Sections 3(1)(s) and 3(2)(va) the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid case registered against him. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submitted that the petitioner is working as a Manager in Canara Bank, Aigali Branch, Belagavi District. Allegation against him in the first information is that he had not disbursed the loan amount to the account of the first informant. Except the raid allegation, there is no other allegation against the petitioner – first accused herein. The first - 3 - HC-KAR NC: 2025:KHC-D:9495 CRL.P No. 100021 of 2024 informant had initially approached the Banking Ombudsman and after his complaint was rejected by the Banking Ombudsman, he had approached the District Consumer Forum at Belagavi and initiated proceedings against the petitioner alleging deficiency of service. Thereafter, the present criminal case has been registered. 4. Per contra, learned counsel appearing for respondent No.2 and learned HCGP have prayed to dismiss the petition. 5. Perusal of the first information submitted by the first informant Saidappa Pundalika Madar would reveal that he was sanctioned a sum of Rs.5,00,000/- for the purpose of setting up a diary unit in the year 2017-18 and only a portion of the loan amount was transferred to the bank account of the first informant. He has alleged that since the remaining loan amount was not transferred to his bank account he has suffered hardship and only for the reason that he belongs to Scheduled Caste, the balance amount was not transferred to his bank account. - 4 - HC-KAR NC: 2025:KHC-D:9495 CRL.P No. 100021 of 2024 6. Learned counsel for the petitioner has brought to the notice of this Court that the second installment of the loan sanctioned can be released only depending upon the progress of the unit established by the borrower. In the present case, since there was no progress in the proposed dairy unit for which loan was sanctioned to the first informant, the second installment was not released. 7. Under the circumstances, I am of the opinion that the criminal proceedings initiated against the petitioner amounts to abuse of process of law and therefore, this is a fit case where this Court needs to interfere and grant the relief prayed for by the petitioner in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petitioner is allowed. The entire proceedings in Crime No.129/2023 registered by the Igali Police Station for offences punishable under Section 166 of IPC and Sections 3(1)(s) and 3(2)(va) the Scheduled Castes - 5 - HC-KAR NC: 2025:KHC-D:9495 CRL.P No. 100021 of 2024 and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 47