GIRIGOUDAPPA ALIAS GIRIGOUDA v. THE STATE OF KARNATAKA
CRL.P/102898/2024 · 2026-02-10
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14871 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14871 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1993 CRL.P No. 102898 of 2024
IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102898 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN:
GIRIGOUDAPPA @ GIRIGOUDA, S/O. SHIVANAGOUDA PATIL, AGE. 57 YEARS, OCC. RETIRED EMPLOYEE, R/O. MAMADAPUR, TQ. GOKAK, DIST. BELAGAVI- 590001. …PETITIONER (BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY GOKAK RURAL P.S., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD - 580011. 2. CHANDRASHEKHAR CHANNAPPA KONNUR AGE. 57 YEARS, OCC. FARMER, R/O. GOKAK, TQ. GOKAK, DIST. BELAGAVI-590001. …RESPONDENTS (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. SRINIVAS B. NAIK, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S.528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO. 6702/2022 FOR THE OFFENCES P/U/SEC. 409, 406 AND 420 OF IPC ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, GOKAK (GOKAK RURAL PS CRIME NO. 56/2021) AGAINST THE PETITIONER (ACCUSED), IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.12 16:10:49 +0530
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HC-KAR NC: 2026:KHC-D:1993 CRL.P No. 102898 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri Harshawardhan M.Patil, learned counsel for the petitioner, Smt.Kirtilata R.Patil, learned High Court Government. Pleader for respondent No.1 and Sri Srinivas B.Naik, learned counsel for the defacto complainant/Bank. 2. Petition under Section 482 Cr.P.C. with the following prayer:
“To quash the entire proceedings in CC No. 6702/2022 for the offences p/u/sec. 409, 406 and 420 of IPC on the file of II Addl. Civil Judge and JMFC, Gokak (Gokak Rural PS Crime No.56/2021) against the petitioner (accused).”
3. A complaint came to be lodged by the second respondent with the Gokak Police, Belagavi District on 02.04.2021 contending that petitioner being the Manager of the Prathamika Krishi Pattina Sahakari Sangha Niyamita, Mamadapur, misappropriated the amount of the Bank to the tune of ₹69,00,000/- which got revealed during the audit and there was no proper explanation nor repayment of the money and sought for action against the petitioner herein. - 3 -
HC-KAR NC: 2026:KHC-D:1993 CRL.P No. 102898 of 2024
4.
Gokak Police after registering the case in Crime No.56/2021 on 02.04.2021 for the offences punishable under Section 409, 420, 465, 468 and 471 IPC, investigated the matter thoroughly and filed charge sheet. 5. The learned trial Magistrate has taken cognizance of the aforesaid offences and issued process and proceeded with the trial. Same is called in question in this petition. 6. Sri Harshawardhan M.Patil, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contended that the petitioner has no role in the alleged misappropriation and he has been falsely implicated in the incident and sought for quashing the pending proceedings. 7. Per contra, Smt.Kirthilata R.Patil and Sri Srinivas B. Nayak would support the order taking cognizance and proceeding with the criminal case on the ground that prima facie materials are collected by the investigation agency and veracity of it would be established during the trial and sought for dismissal of the petition. - 4 -
HC-KAR NC: 2026:KHC-D:1993 CRL.P No. 102898 of 2024
8. Having heard the arguments of both sides, this Court perused the material on record meticulously. 9. On such perusal of the material on record, it is crystal clear that the complaint was lodged by the second respondent after the fraud has come into light on account of the internal audit that has been conducted. 10. Police after thorough investigation noted that sum of ₹69,00,000/- is misappropriated by the petitioner herein belonging to the said Bank. 11. Further, petitioner being the Manager of the said Bank, there was an automatic entrustment of the assets of the Bank in the petitioner. 12. If the petitioner is found to be innocent after the full-fledged trial, he would be acquitted by the learned trial Magistrate. If he is found that he is innocent after pronouncing the judgment and the prosecution was totally uncalled for, he may take necessary action for malicious prosecution. - 5 -
HC-KAR NC: 2026:KHC-D:1993 CRL.P No. 102898 of 2024
13. With that liberty for the petitioner, following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE
CLK CT:CMU LIST NO.: 1 SL NO.: 39