- 1 - HC-KAR NC: 2025:KHC:18851 CRL.P No. 7546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7546 OF 2025 BETWEEN: 1. MRS. SUMANGALA Y W/O YOGESH ACHARYA AGED ABOUT 42 YEARS R/O H. NO. 4-112, PADDE HOUSE PALADKA VILLAGE, MOODABIDRI MANGALORE, DAKSHINA KANNADA DISTRICT - 574 226. 2. MR. BHASKAR ACHARYA S/O MADHWARAYA ACHARYA AGED ABOUT 51 YEARS R/AT H.NO. 1-68, SOMPARNIKA NILIYA PUNKEDADI, HOSABETTU MOODABIDRI, DAKSHINA KANNADA DISTRICT - 574 227. …PETITIONERS (BY SRI SACHIN B.S, ADV.) AND: STATE OF KARNATAKA BY MANGALORE SOUTH P.S CENTRAL SUB DIVICION MANGALORE CITY - 575 001 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18851 CRL.P No. 7546 of 2025 NO.51 OF 2025 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM COURT, MANGALORE CITY REGISTERED BY THE RESPONDENT MANGALORE SOUTH POLICE STATION FOR THE OFFENCES P/U/S 420, 465, 468 AND 471 OF IPC BY ACCEPTING SURETY OR ON ANY CONDITIONS THAT THIS HONBLE COURT MAY BE PLEASED TO IMPOSE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.1 & 2 in Crime No.51/2025 registered by Mangalore South Police Station, Mangaluru City, for the offences punishable under Sections 420, 465, 468, 471 of BNS, 2023, are before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.51/2025 was registered by Mangalore South Police Station, Mangaluru City, for the aforesaid offences against the petitioner herein based on the first information dated 11.03.2025 received from the Manager of State Bank of India, Port Road, Branch, Mangaluru. Apprehending arrest in the case, petitioners who are arrayed as accused nos.1 & 2 had filed Crl. Misc. No.294/2025 before the jurisdictional Sessions - 3 - HC-KAR NC: 2025:KHC:18851 CRL.P No. 7546 of 2025 Court, which was rejected on 19.04.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that pursuant to the inquiry notice received by the petitioner, they have appeared before the Investigation Officer and cooperated for the purpose of investigation. Petitioners have no criminal antecedents. They are ready and willing to cooperate with the police for the investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. The allegation in the first information submitted by the Manager of State Bank of India, Port Road, Mangaluru, is that accused no.1 had borrowed loan to the tune of Rs.56 lakhs and for the said purpose, fraudulent invoices which were created with the help of accused no.2 were submitted and the bank in good faith believing the quotations and the invoices submitted by accused nos.1 & 2 had sanctioned loan. Subsequently, it was found that the quotations submitted for the purpose of availing bank loan were all fraudulent documents. - 4 - HC-KAR NC: 2025:KHC:18851 CRL.P No. 7546 of 2025 7. Learned Counsel for the petitioners has made a submission before this Court that on receipt of the inquiry notice in the present case, petitioners have appeared before the Investigation Officer and have cooperated with him for the purpose of investigation. 8. Be that as it may, the fact remains that petitioners have no criminal antecedents and the alleged crime is based on documents which are undisputedly in the custody of the bank. The alleged offences are triable by the court of Magistrate and the maximum punishment for the said offences is imprisonment for a period of seven years. Petitioners have undertaken to cooperate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioners prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.51/2025 registered by Mangalore South Police Station, Mangaluru City, - 5 - HC-KAR NC: 2025:KHC:18851 CRL.P No. 7546 of 2025 for the offences punishable under Sections 420, 465, 468, 471 of BNS, 2023, subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witness and they e shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK