- 1 - HC-KAR NC: 2025:KHC:20360 CRL.P No. 7547 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. 7547 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 BUILDING 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) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO PASS AN ORDER DIRECTING THE RESPONDENT Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20360 CRL.P No. 7547 of 2025 BANASAVADI POLICE STATION TO RELEASE THEM ON BAIL IN EVENT OF THEIR ARREST IN CRIME NO.270/2023, DATED 10.06.2023 FOR THE ALLEGED OFFENCES P/U/S. 420 AND OF IPC, IN 11TH ADD. CMM 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.270/2023 registered by Banaswadi Police Station, Bengaluru City, for the offences punishable under Sections 420 and 468 of IPC, are before this Court under Section 438 of Cr.P.C. seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.270/2023 was registered by Banaswadi Police Station, Bengaluru City, for the aforesaid offences against Nagaraju and petitioners herein based on the first information dated 10.06.2023 received from Pravin Rao, authorized officer of NKGSB Co-operative Bank Limited, Bengaluru. Apprehending arrest in the case, petitioners who are arraigned as accused Nos.2 and 3 in the FIR had filed Crl.Misc.No.25339/2025 before the jurisdictional Sessions Court - 3 - HC-KAR NC: 2025:KHC:20360 CRL.P No. 7547 of 2025 which was rejected on 22.05.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that petitioners are husband and wife and they have no criminal antecedents. They are ready and willing to cooperate with the police for the purpose of investigation. Loan was sanctioned by the Bank after scrutiny of the documents were made by the Panel Advocate of the Bank. For extraneous reasons, a false complaint has been filed. 5. Per contra, learned HCGP has opposed the petition and submits that considering the nature of allegations, custodial interrogation of the petitioners is required. Accordingly, he prays to dismiss the petition. 6. In the first information which is submitted by authorized representative of the NKGSB Co-operative Bank which has sanctioned loan to the accused persons, it is alleged that accused Nos.2 and 3 named in the FIR had approached the NKGSB Co-operative Bank in the year 2020 for purchase of - 4 - HC-KAR NC: 2025:KHC:20360 CRL.P No. 7547 of 2025 Apartment in Pujitha Orchid belonging to accused No.1. In the first information, it is averred that after documents were verified by the Panel Advocate, a legal opinion was obtained and thereafter, loan of Rs.45 lakhs was sanctioned in favour of accused Nos.2 and 3 on 24.12.2020. In the first information, it is further alleged that borrowers had failed to repay the monthly installment regularly and subsequently, on verification it was found that the documents which were submitted for the purpose of obtaining the loan were concocted and fraudulent documents. It is in this background, Bank had approached the police. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioners, who are husband and wife do not have any criminal antecedents. Undisputedly, documents submitted by the borrowers was scrutinized by the Panel Advocate of Bank before the loan was sanctioned to them. The entire documents are in the custody of the bank and therefore, there cannot be any apprehension that the petitioners may tamper with the material documents. They have undertaken to cooperate with the police for the purpose of investigation. Under the - 5 - HC-KAR NC: 2025:KHC:20360 CRL.P No. 7547 of 2025 circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. 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.270/2023 registered by Banaswadi Police Station, Bengaluru City, for the offences punishable under Sections 420 and 468 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. - 6 - HC-KAR NC: 2025:KHC:20360 CRL.P No. 7547 of 2025 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK