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2025 DAILYLAW 27317 (KAR)

SMT. INAMPUDI NAGASAMRAJYA LAKSHMI v. THE STATE OF KARNATAKA

CRL.P/7535/2025 · 2025-06-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20357 CRL.P No. 7535 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7535 OF 2025 BETWEEN: 1. SMT. INAMPUDI NAGASAMRAJYA LAKSHMI W/O SRINIVASA RAO AGED ABOUT 48 YEARS OCC. HOME MAKER, R/AT NO.27-70-1, 18TH PORTION BUILDING ROAD, KABELA RAMARAJYA NAGAR, GOLLAPUDI VIJAYAVADA RURAL KRISHNA ANDHRA PRADESH - 521 225. 2. SRI INAMPUDI SRINIVASA S/O INAMPUDI CHANNAKESHAVA RAO AGED ABOUT 51 YEARS R/AT NO.27-70-1, 18TH PORTION BUIDLING ROAD, KABELA RAMARAJYA NAGAR GOLLAPUDI VIJAYAVADA RURAL KRISHNA, ANDHRA PRADESH - 521 225. …PETITIONERS (BY SRI BALAKRISHNA M.R, ADV.) AND: THE STATE OF KARNATAKA BY BANASAWADI P.S BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20357 CRL.P No. 7535 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS AN ORDER DIRECTING THE RESPONDENT BANASWADI P.S. TO RELEASE THEM ON BAIL IN EVENT OF THEIR ARREST IN CRIME NO.155/2024, DATED 29.02.2024 FOR THE ALLEGED OFFENCES P/U/S 420, 468, 471 R/W 34 OF IPC PENDING BEFORE THE 11TH ADDL.C.M.M COURT MAYO HALL BENGALURU. 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.2 and 3 in Crime No.155/2024 registered by Banaswadi Police Station, Bengaluru City, for the offences punishable under Sections 420, 465, 468, 471 and 34 of IPC, are 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.155/2024 was registered by Banaswadi Police Station, Bengaluru City, for the aforesaid offences against Pavan Sayi Rohith and others based on the first information submitted by Mundluru Dharma Teja S/o Devarajulu Naidu. Petitioners herein, who are arraigned as accused Nos.2 and 3 in the FIR are the parents of accused No.1 Pavan Sayi Rohith. In the first information which is submitted - 3 - HC-KAR NC: 2025:KHC:20357 CRL.P No. 7535 of 2025 on 29.02.2024, it is stated that accused No.1 is the friend of first informant. Accused Nos.1 to 3 had fraudulently availed loan from NKGBS Co-operative Bank Limited, HRBR Layout, Bengaluru, by pledging the property documents of first informant and thereby, they had cheated him. Apprehending arrest in the case, petitioners who are arraigned as accused Nos.2 and 3 in the FIR had filed Crl.Misc.No.25340/2025 before the jurisdictional Sessions Court which was rejected on 22.05.2025. Therefore, they are before this Court. 4. The material made available to this Court by learned counsel for the petitioners would go to show that accused No.4 Co-operative Bank had earlier filed Crime No.270/2023 before the very same Police Station alleging that the borrowers had not repaid the amount borrowed and the documents which were submitted for the purpose of borrowing the loan are fraudulent documents. The allegation now found in the first information in the present case is that borrowers and the Bank have colluded and on the basis of the documents of the property belonging to the first information, loan was sanctioned in favour of accused Nos.2 an 3, who are the petitioners herein. - 4 - HC-KAR NC: 2025:KHC:20357 CRL.P No. 7535 of 2025 The material on record would go to show that the loan was sanctioned by the Co-operative Bank after the property documents were scrutinized by the Panel Advocate of the Bank and sanction of loan was in the year 2020. It is only after the loan borrowed was overdue, the present complaint has been filed. The alleged offences are triable by the Court of Magistrate and petitioners, who are the parents of accused No.1, do not have any criminal antecedents. Accused No.1, who was arrested in the case has been granted regular bail by the jurisdictional Court of Magistrate. Petitioners have undertaken to cooperate with the police for the purpose of investigation. All the documents are in the custody of the Bank. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 5. 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.155/2024 registered by Banaswadi Police Station, Bengaluru - 5 - HC-KAR NC: 2025:KHC:20357 CRL.P No. 7535 of 2025 City, for the offences punishable under Sections 420, 465, 468, 471 and 34 of IPC, 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 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 DN