P.V. VEERABHADRA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petition is filed u/S 438 of Cr.P.C. seeking bail in the event of arrest in Crime No. 170/2018 (FIR No. 426/2018) of Karatagi Police Station registered for the offences punishable u/S 419, 420, 465, 468 r/w Sec. 34 of IPC pending on the file of the Prl. JMFC, Gangavati.

(2.) The facts leading to this petition are that, on the basis of the complaint filed by one Shamanna son of Sanna Lachamappa Nayak, the Police have registered a case. The allegations are that the complainant's father Sanna Lachamappa son of Erappa Nayak was the owner of the land bearing Sy. No. 10 measuring 17 acres 14 guntas. His father expired on 15.06.1992. After the death of the complainant's father no application was given to the concerned revenue authorities to enter their names as legal heirs of the deceased Sanna Lachamappa. Later, in the year 2017 when the complainant approached the concerned revenue authorities it was learnt that there is a charge of Andhra Bank, Karatagi Branch, in respect of the loan borrowed by the accused No.1-Sanna Laxmappa Erappa Hanumanahalli. Therefore the complainant approached the petitioner and other staff of the Andhra Bank. On enquiry it was learnt that a person called Sanna Laxmappa son of Erappa Hanumanahalli has borrowed loan by mortgaging the land bearing Sy. No. 10 measuring 17 acres 14 guntas and the mortgage deed has been registered at the Sub Registrar Office, Gangavati. On making further enquiry it was learnt that the petitioner, namely, the Chief Manager of Andhra Bank in collusion with the Field Officers and other accused have sanctioned the loan in favour of accused No.1 and have sanctioned loan of Rs.7,85,000/- on creation of mortgage by a person called Sanna Laxmappa son of Erappa by creating false records posing himself to be the owner of the said land bearing Sy. No. 10.

(3.) The complainant's father expired in the year 1992 and as such there was no occasion for him to execute a registered deed in favour of the bank or offer security for borrowing loan. All accused persons have colluded in creation of false records and committed offences. On registering the case the Police Officials have taken up the investigation and they are making attempts to arrest the petitioner.