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Karnataka High Court
Shri. Sagar Hanamant Sabakale vs The State Of Karnataka Gokak Town Ps on 25 March, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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CRL.P No. 100379 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100379 OF 2026
(439 OF CR.PC/483 OF BNSS)
BETWEEN:
SHRI SAGAR HANAMANT SABAKALE,
AGED ABOUT 39 YEARS,
OCC: PEON, SHREE MAHALAXMI URBAN
CO-OPERATIVE CREDIT BANK LTD., GOKAK,
R/O. HALABAG GALLI, RAVIWAR PETE,
GOKAK-591308, TQ. GOKAK, DIST. BELAGAVI.
...PETITIONER
(BY SRI KALYANSHETTY ASHOK REVANASIDDAPPA, ADVOCATE.)
AND:
THE STATE OF KARNATAKA, GOKAK TOWN P.S.,
Digitally signed by
MALLIKARJUN
RUDRAYYA
BY ITS STATE PUBLIC PROSECUTOR,
KALMATH
Location: High
ADVOCATE GENERAL OFFICE, HIGH COURT
Court of
Karnataka,
Dharwad Bench
PREMISES, DHARWAD-580001.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 483
OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023,
PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON
BAIL, ON SUCH TERMS AND CONDITIONS AS DEEMED FIT, IN
GOKAK CITY P.S. CRIME NO.91/2024 REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 49, 61(2), 316(2),
316(5), 318(4), 336(2), 336(3) AND 340(2) READ WITH
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NC: 2026:KHC-D:4643
CRL.P No. 100379 of 2026
HC-KAR
SECTION 3(5) OF BHARATIYA NYAYA SANHITA, 2023, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri Ashok R. Kalyanshetty,
learned counsel for petitioner and Sri Abhishek Malipatil,
learned HCGP for respondent State and perused the
material placed before the Court.
2. This petition is filed by the petitioner/accused
No.1 under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, praying to enlarge the petitioner/accused on
bail in Gokak City P.S. Crime No.91/2024 registered for the
offences punishable under sections 49, 61(2), 316(2),
316(5), 318(4), 336(2), 336(3) and 340(2) read with
section 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. It is the brief case of prosecution as per the
complaint averments, FIR and charge sheet materials that
the petitioner is accused No.1 who was working as a Peon in
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HC-KAR
the bank, but the complainant is Chairman of the bank.
Accused No.1 being employee as Peon in the bank, has
opened several accounts, which are SB account, FD account
RD account, current account, etc., in the name of is wife
and his relatives and without providing any KYC documents
for opening such accounts and obtained loan through these
accounts to the tune of Rs.81,83,67,000/- and has
purchased many movable and immovable properties and
thereafter has not reimbursed the amount to the bank.
Thus, committed the offence of cheating, forgery, criminal
breach of trust, etc., along with making conspiracy with
other accused persons. Therefore, the offences alleged are
foisted against petitioner/accused No.1 and other accused
persons for the offences as stated above.
4. The case was handed over to the CID police for
investigation and now the police have filed the charge sheet
to the Court.
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HC-KAR
5. Learned counsel for the petitioner/accused No.1
submitted that all the offences are triable by the Court of
Magistrate and the petitioner was arrested on 04.02.2025
and is in judicial custody since then for more than one year
two months. Now investigation is completed and charge
sheet is filed. Therefore, the petitioner is no more required
for custodial interrogation. Further submitted that the
petitioner is only a scapegoat as he was a Peon, but there
are other accused persons who are General Manager,
Branch Manager and other officials having committed all
these offences. Therefore, the prosecution case against the
petitioner is doubtful one as he was only a Peon. Hence,
prays to release the petitioner on bail.
6. Learned HCGP vehemently opposed the grant of
bail to the petitioner as huge amount of Rs.81,83,67,000/-
is involved and there is conspiracy among all the accused
persons including the petitioner. Therefore, prays to dismiss
the petition.
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HC-KAR
7. The petitioner is not the only accused in this
case. There are other accused persons named in the charge
sheet who are General Manager, Branch Manager,
Accountant and other accused persons. The petitioner is a
Peon working in the bank. It is the allegation against the
petitioner that he has opened account in the name of his
wife, and relatives and made a forgery document of
depositing of Rs.6,97,30,036/- as FD and on the said FD
amount, an amount of Rs.81,83,67,000/- was got
sanctioned as loan. Whether complicity of
petitioner/accused No.1 is there or not is a question for trial
and what are the roles played by which accused is also a
question of trial. As per the submission made by the learned
HCGP, charge sheet is filed and all the offences are triable
by the Magistrate. The accused is in custody since
04.02.2025. The witnesses are Chairman and other persons
having responsibility of the bank. The entire trial is based
on the documentary evidence. Hence, no chances of
threatening the witnesses are prima facie found. Therefore,
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without expressing any opinion on merits involved in the
case, and the petitioner is in custody since 04.02.2025, the
Court is of the opinion that the petitioner is liable to be
enlarged on bail by allowing this petition. Hence, I proceed
to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioner/accused No.1 is ordered to be
enlarged on bail in Gokak City P.S. Crime No.91/2024
registered for the offences punishable under sections 49,
61(2), 316(2), 316(5), 318(4), 336(2), 336(3) and 340(2)
read with section 3(5) of Bharatiya Nyaya Sanhita, 2023,
subject to the following conditions.
a) The petitioner shall execute a
personal bond for a sum of Rs.1,00,000/- along
with one surety for the like sum to the
satisfaction of the trial Court.
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b) The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the Court.
c) The petitioner shall not tamper and
threaten the prosecution witnesses in any
manner.
d) The petitioner shall mark his
attendance before the concerned police station
on every Saturday between 11.00 a.m. to
02.00 p.m.
e) The petitioner shall attend the Court
regularly during the trial without fail. If not
attend for consecutive two times it entails
cancellation of bail.
iii) Violation of any of the conditions imposed would
entitle the prosecution to move for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT-AN
List No.: 2 Sl No.: 14
