IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 9TH DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10152/2011 C/W.CRL.P.NO.10153/2011&CRL.P.NO.10154/2011 IN CRL.P.NO.10152/2011: Between: Shankarprasad 5/ o.Prakashprasad Hajeri, Age 32 years, 0cc.: Business, R/o. Yadwad, Tq.: Gokak, Dist.: Belgaum. Petitioner (By Sri.Prakash S. Hosamani for Sri.S.S.Patil, Advocate) And: The State, Through Bilagi P.S. Reptd. by SPP, High Court of Karnataka, at Dharwad. Respondent (By Sri.Vinayak Kulkarni, High Court Government Pleader) This criminal petition is filed under Section 438 Cr.P.C. seeking to enlarge the petitioner on anticipatory bail in Bilagi P.S. Crime No.278/2010 punishable under Section 409, 420, 467, 468, 471, 473, read with Section 34 of IPC. IN CRL,P.NO. 10153/2011: Between: Shankarprasad S/o. Prakashprasad Hajen, Age 32 years, 0cc.: Business, R/o. Yadwad, Tq.: Gokak, Dist.: Belgaum. Petitioner (By Sri.Prakash S. Hosamani for Sri.S.S.Patil, Advocate) And: The State, Through Bilagi P.S. Reptd. by SPP, High Court of Karnataka, at Dharwad. Respondent (By Sri.Vinavak Kulkarni, High Court Government Pleader) This criminal petition is filed under Section 438 Cr.P.C. seeking to enlarge the petitioner on anticipatory bail in Bilagi P.S. Crime No.279/2010 punishable under Section 409, 420, 467, 468, 471, 473, read with Section 34 of IPC. IN CRL.P.N0.10154/2011: Between: Shankarprasad S/ o. Prakashprasad H ajen, Age 32 years, 0cc.: Business, R/o. Yadwad, Tq.: Gokak, Dist.: Belgaum. Petitioner (By Sri.Prakash S. Hosamani for Sri.S.S.Patil, Advocate) And: The State, Through Bilagi P.S. Reptd. by SPP, High Court of Karnataka, at Dharwad. Respondent (By Sri.Vinavak Kulkarni, High Court Government Pleader) This criminal petition is filed under Section 438 Cr,P.C. seeking to enlarge the petitioner on anticipatory bail in Bilagi P.S. Crime No.277/2010 punishable under Section 409, 420, 467, 468, 471, 473, read with Section 34 of IPC. IN CRL.P.N0. 10152/2011: -3- These petitions are coming on for orders this day, the Court made the following: COMMON ORDER All these petitions are by the same accused person i.e., accused No.3 and he seeks for anticipatory bail, the case being registered by Bilagi Police in Crime No.277/2010, 278/2010 and 279/2010 in respect of the offence punishable under Sections 409, 420, 467, 468, 471, 473 read with Section 34 of the IPC. 2. The case of the prosecution in short is that, the complaint was lodged by the Branch Manager of the Corporation Bank, Bilagi, stating that certain persons by different names and claiming to be the owners of the land have filed Corp loan application and obtained loan of ‘3,00,000/- and in that accused No.1, Manager of the Bank also had a role to play. It was also the complaint allegation that certain documents and Government seals were forged. Therefore, the case was registered in the above crime numbers against the accused person. -4- 3. Submissions of the learned counsel Sri.Prashant S.Hosmani, for Sri.S. S. Path, advocate for the petitioner that the petitioner has no role to play in the alleged incident and only passing reference is made in the complaint and even in the further statement of the complainant, the submission is made that all the other accused have also joined hands with the main accused person. Therefore petitioner be released on anticipatory bail and moreover the main accused i.e., A-i Ashok Ningappa Hosamani, Bank Manager is being granted bail. 4. The submission of the learned High Court Government Pleader for the State is that, the case involves cheating the bank to the tune of ?9,00,000/- by three different accused persons and therefore, the cases have been listed in different crime numbers i.e., Crime No.278/2010, 279/2010 and 277/2010 and this petitioner’s name was also mentioned in the further statement. 5. Having thus heard both sides except general statement that the accused are all involved, there is no material about the involvement of the petitioner and moreover -3- as per the complaint, the main accused seems to be the person who had availed the loan in all these cases and the accused Nos.2, 6, 7, 8 are said to have assisted him. Since this Court had granted anticipatory bail to accused No.1 in earlier petition by imposing conditions and I pass the following order: ORDER i) In the event of arrest of petitioner in connection with Crime Nos.278/2010, 279/2010 and 277/2010, he shall be released on bail subject to furnishing personal bond for 25,000/- with two sureties for the likesum to the satisfaction of the arresting police officer. ii) Petitioner shall not tamper with the evidence and shall not give threat to the witnesses. iii) Petitioner shall appear before the investigating officer as and when he is called upon to do so and shall assist the investigating officer in the investigation. -6- iv) Petitioner shall mark his attendance before the concerned Police Station, on every Sunday between 10.00 a.m and 5.00 p.m. Sd! Vnpt JUDGE