- 1 - NC: 2025:KHC:17852 CRL.P No. 6131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6131 OF 2025 BETWEEN: SHRI MAKSUD KHAN S/O ANWAR KHAN AGED ABOUT 33 YEARS RESIDING AT MAHAL KINHOLA, WADOD BAJAR AURANGABAD - 431 134. …PETITIONER (BY SRI NAMAN VANKDARI M, ADV.) AND: STATE OF KARNATAKA BY TILAK NAGAR POLICE STATION BENGALURU, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CONNECTION WITH CR.NO.08/2025 REGISTERED AT TILAK NAGAR POLICE STATION, JAYANAGAR T BLOCK, BENGALURU 560041 FOR THE OFFENCE P/U/S 419, 420, 465 AND 467 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17852 CRL.P No. 6131 of 2025 ORAL ORDER 1. Petitioner who is apprehending arrest in Crime No.8/2025 registered by Thilaknagar Police Station, Bengaluru City, for the offences punishable under Sections 419, 420, 465, 34 IPC, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.8/2025 was registered by Thilaknagar Police Station, Bengaluru City, for the aforesaid offences against Asma Khan Idris and another based on the first information dated 14.01.2025 received from Nataraj S/o late Krishnegowda who is the Registrar (Evaluation) of Rajiv Gandhi University of Health Sciences, Bengaluru. Apprehending arrest in the case, petitioner who had received an inquiry notice from the Investigation Officer, had filed Crl. Misc. No.2624/2025 before the jurisdictional Sessions Court, which was rejected on 15.04.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that petitioner’s name is not found in the FIR and he is ready and willing to cooperate with the police for the purpose of - 3 - NC: 2025:KHC:17852 CRL.P No. 6131 of 2025 investigation. Accused no.2 has been granted regular bail in the present case by the coordinate bench of this Court in Crl.P.No.3229/2025. There is no role of the petitioner in the alleged crime. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has seriously opposed the petition. She submits that similarly situated accused had approached this Court in Crl.P.No.5172/2025 and since this Court was not inclined to grant anticipatory bail to him, the petition was dismissed as withdrawn with liberty to the petitioner therein to surrender before the jurisdictional court and make necessary application seeking regular bail. She submits that serious allegations are made against the accused, and therefore, custodial interrogation of the accused is necessary. Accused no.2 has been granted regular bail on technical grounds. Accordingly, she prays to dismiss the petition. 6. In the first information which is submitted by the Registrar (Evaluation) of Rajiv Gandhi University of Health Sciences, Bengaluru, it is alleged that on 07.08.2024, the University had received a letter from Gade Orthopaedic - 4 - NC: 2025:KHC:17852 CRL.P No. 6131 of 2025 Hospital, Aurangabad, along with the statement of marks of accused no.1 - Asma Khan Idris for the purpose of verification, and on verification, it was found that the marks card of accused no.1 was a fraudulent document and no such student was enrolled in the colleges affiliated to the University much less with Dr. B.D.Jatti Homeopathy Medical College, Dharwad. The marks card was prepared using the logo of the university and it is under these circumstances, the first information was registered against Asma Khan Idris who is the beneficiary of the fraudulent document and also against accused no.2 who is her husband. 7. Accused no.2 was arrested in the present case and during the course of his interrogation, he had revealed that the employees of Kohinoor Shikshan Sanstha Trust in Aurangabad had provided him the fake degree certificate. It is under these circumstances, petitioner who is a Trustee of the Management of the aforesaid college has been issued with an inquiry notice. 8. Accused no.2 who was arrested in the present case has been enlarged on bail in Crl.P.No.3229/2025 for the reason that grounds of arrest was not served at the time of his arrest, and not on the merits of the case. It appears that accused no.2 also - 5 - NC: 2025:KHC:17852 CRL.P No. 6131 of 2025 was an employee in Kohinoor Shikshan Sanstha Trust at Aurangabad and during the course of his confession, he has stated that at the instance of the petitioner, his co-workers and others have destroyed the evidence by burning the records. 9. The allegation in the FIR is about creating fraudulent marks card in favour of a candidate on the forged letter head of Rajiv Gandhi University of Health Sciences, Bengaluru. Custodial interrogation of the accused may be required to find our as to whether similar marks card has been issued to the other candidates and also to find out the involvement of other accused persons in the alleged crime. Under the circumstances, I am of the opinion that this is not a fit case for granting anticipatory bail to the petitioner. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK