SRI NATHAJI S/O PIRAJI PATIL vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO. 102196 OF 2026
(438(CR.PC)/482(BNSS)
BETWEEN:
1. SRI NATHAJI S/O. PIRAJI PATIL
AGE: 64 YEARS, OCC: PENSIONER,
R/O. # 498, BAHER GALLI,
KANGRALI B.K.,
BELAGAVI-590010,
TQ: DIST: BELAGAVI.
… PETITIONER
(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CEN BELAGAVI CITY PS
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-580001.
… RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.
(U/SEC. 482 OF BNSS) PRAYING TO GRANT HIM ANTICIPATORY BAIL
AND DIRECT RESPONDENT POLICE TO RELEASE THEM ON BAIL IN
THE EVENT OF THEIR ARREST BY THE RESPONDENT POLICE IN THE
CRIME NO. 11/2022 OF CEN BELAGAVI CITY PS, REGISTERED FOR
THE OFFENCES PUNISHABLE UNDER SECTION U/SEC. 406, 408, 420
OF IPC, PENDING BEFORE III JMFC., BELAGAVI.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
The petitioner/accused No.1 has filed this petition under
Section 482 of BNSS, 2023 (Section 438 of Cr.P.C.), seeking
anticipatory bail in connection with Crime No.11/2022 of CEN
Belagavi City Police Station, registered for the offences
punishable under Sections 406, 408 and 420 of IPC, pending
before the learned III JMFC, Belagavi.
2. The brief facts of the prosecution case in nutshell
are under:
The defacto complainant lodged the complaint to the
respondent police alleging that after enquiry under Section 164
of Karnataka Co-operative Societies Act, 1959, a report came
to be submitted stating that the petitioner/accused No.1, the
Chairman of the society, and accused No.2, the Secretary of
the society and they had misappropriated a sum of
Rs.2,72,56,470/- and interest upon the said amount would
fetch at Rs.55,19,498/-. They created a fake loan account in
the name of one E.Nagarajappa, though he is dead and had
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HC-KAR
NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
used the said amount for their personal gain. Hence, the
defacto complainant lodged the complaint.
3. Apprehending his arrest at the hands of the
respondent-police, the petitioner/accused No.1 has filed this
petition.
4. Heard Sri.Neelendra D.Gunde, learned counsel for
the petitioner/accused No.1 and Sri Jairam Siddi, learned High
Court Government Pleader for the respondent-State.
5. Learned counsel for the petitioner vehemently
contended that the petitioner is falsely implicated in the case.
The alleged offence though appears to be non-bailable, but not
punishable with death or imprisonment for life. It is contended
that the petitioner had submitted application to ARCS, Belagavi
on 04.01.2020 regarding the misappropriation, which was done
by accused No.2. However, the petitioner who is former
Chairman has been arrayed as accused No.1. Further, after
new board is established to the society, they have made the
petitioner as accused No.1 in this case. The petitioner is ready
to abide by the conditions to be imposed by this court. Further,
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HC-KAR
NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
accused Nos.3, 5, 7, 8, 9, 10, 11, 12, 13, 15, 16 and 17 are
already enlarged on bail by the Sessions Court. Hence, on the
ground of parity also, the petitioner is entitled for bail. Hence,
learned counsel for the petitioner prayed to allow the petition.
6. Per contra, learned HCGP vehemently contended
that the petitioner/accused No.1 and accused No.2 have joined
together, made criminal conspiracy, created a false account in
the name of one E.Nagarajappa, a dead person and transferred
a more than Rs.2,70,00,000/- to his account and they used the
said amount for their personal gain. Hence there is a prima
facie material against the petitioner. If the petitioner is released
on bail, he may tamper with the prosecution witnesses and
hamper the trial. Hence, learned HCGP prayed for dismissal of
the petition.
7. Perused the material available on record. As per the
allegations made in the complaint, the defacto complainant
made allegations that the petitioner/accused No.1 was the
Chairman of the society. He in collusion with accused No.2, who
is the Secretary of the society misappropriated the funds of the
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HC-KAR
NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
society to the tune of Rs.2,72,56,470/- in the name of one
E.Nagarajappa, a dead person.
8. In the instant case, whether petitioner/accused
No.1 had misappropriated the funds or the Secretary of the
society, who is accused No.2 herein is a matter of trial. A copy
of notice affidavit furnished by the learned counsel for the
petitioner establishes that accused No.2, the Secretary of
society himself stated on oath that the present petitioner has
not committed any offence, but accused No.2 has committed
an offence. Therefore, the misappropriation of funds, criminal
breach of trust or cheating the public at large Public at large
scam of money is a serious offence with a potential long term
consequence for victims. The accused person may try to
destroy evidence, influence witnesses, or intimidate victims, if
bail is granted. Further, the accused may attempt to flee the
jurisdiction to avoid prosecution. In this case, the
petitioner/accused No.1 demonstrated that he was a Chairman
of the society and as per the statement of accused No.2,
accused No. 2 himself committed an offence. The petitioner
also demonstrated his willingness to co-operate with the
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HC-KAR
NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
investigation and provide information that available with him.
The alleged offences are not punishable with death or
imprisonment for life.
9. Having regard to the facts and circumstances of the
case and looking into the nature of allegation made against the
petitioner, gravity of the offence, severity of the punishment,
chances of petitioner absconding or fleeing away from justice, if
released on bail, character and antecedents of the petitioner,
tampering of prosecution witnesses, more particularly, if the
petitioner is enlarged on bail, then the IO can proceed with the
investigation in an effective manner insofar as recovery of
amount is concerned. Hence, the petitioner is entitled for
anticipatory bail.
10. Accordingly, I proceed to pass the following:
O R D E R
allowed
Criminal petition is . The respondent-police are
directed to release the petitioner/accused No.1 on bail in the
event of his arrest in connection with Crime No.11/2022 of CEN
Belagavi City Police Station, registered for the offences
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NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
punishable under Sections 406, 408 and 420 of IPC, pending
before the learned III JMFC, Belagavi, subject to the following
conditions:
i. Petitioner shall be enlarged on bail in Crime
No.11/2022 registered before CEN Belagavi City
Police Station, on executing a personal bond for
Rs.1,00,000/- with two sureties for the likesum
to the satisfaction of the Trial Court.
ii. Petitioner shall punctually attend the Trial Court
on each and every posting unless expressly
exempted.
iii. Petitioner shall co-operate with the trial.
iv. Petitioner shall not threaten, induce, or promise
anyone acquainted with the facts, nor tamper
with evidence or witnesses directly or indirectly.
v. Petitioner shall not leave the jurisdiction of the
police station without prior information and
intimation to the jurisdictional police.
vi. Petitioner shall not commit any offences in
future.
vii. Petitioner shall mark his attendance before the
SHO/Investigating Officer on every Sunday
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NC: 2026:KHC-D:17287
CRL.P No. 102196 of 2026
CNR: KAHC020154682026
between 10.00 a.m. and 5.00 p.m. for a period
of six months or till filing of final report,
whichever is earlier.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail .
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
MBS
CT:GSM
LIST NO.: 1 SL NO.: 20