- 1 - HC-KAR NC: 2025:KHC:34309 CRL.P No. 11174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11174 OF 2025 BETWEEN: MR. SURESH S.P. S/O MR. S.R. PARTHASARATHY, AGED ABOUT 52 YEARS, RESIDING AT NO.30/3, ST JOHN'S ROAD CROSS OPPOSITE CHINMAYA VIDYALAYA RUKMINI COLONY SIVANCHETTI GARDENS, BENGALURU - 560 042 MOB. NO: +91 9880825115 …PETITIONER (BY SRI. S. SHANKARAPPA, ADVOCATE) AND: STATE OF KARNATAKA BY HALASURU POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, OPPOSITE TO VIDHANA SOUDA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS INCARCERATION BY THE RESPONDENT POLICE IN RESPECT OF THE FIR REGISTERED BY HALASUR P.S IN CR.NO.35/2025 FOR THE O/P/U/S 318(2), 318(3) AND Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34309 CRL.P No. 11174 of 2025 318(4) OF THE BNS, 2023, PENDING ON THE FILE OF THE 10TH ADDL. CMM COURT, MAYOHALL, BENGALURU CITY. THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned HCGP for State and perused the material on record. 2. This petition is preferred under Section 482 of BNSS, 2023 by the petitioner seeking anticipatory bail in a case registered in Crime No.35/2025 of Halasur Police Station, Bengaluru City, for the offence punishable under Sections 318(2), 318(3), 318(4) of the BNS, 2023. 3. The aforementioned case is registered on a complaint lodged by one Harshkumar, employee of the DBS Bank, Salarpuria, Halasaru road, Bengaluru City. 4. It is alleged that on 13.02.2024, accused No.1 by name Nanda Kumar S., by depositing 57.20 grams and 44.70 grams of fake gold in the bank, obtained loan of Rs.2,14,000/- and Rs.1,98,000/- respectively and on - 3 - HC-KAR NC: 2025:KHC:34309 CRL.P No. 11174 of 2025 14.02.2024 accused No.2, by name Narayana Reddy B. V., took loan of Rs.10,21,000/-, by depositing 251.70 grams of fake gold. It is alleged, accused Nos.1 and 2, in collusion with the petitioner/accused No.3, a gold appraiser, pledged fake gold and obtained loan. 5. As per complaint, accused Nos.1 and 2 pledged the gold ornaments and obtained loan from the complainant bank on 13.02.2024 and 14.02.2024. It is stated that during the Internal Audit conducted on 18.12.2024 and 19.12.2024, it was revealed that by pledging fake ornaments, accused Nos.1 and 2 have obtained loan. According to the complainant, petitioner, arraigned as accused No.3 was appointed as a freelance appraiser for evaluating gold ornaments pledged by the customers for the purpose of availing loan facilities. It is alleged that he is also involved and colluded with accused Nos.1 and 2. 6. A notice is said to have been issued under Section 35(3) of BNSS, 2023, to the petitioner. Apprehending his - 4 - HC-KAR NC: 2025:KHC:34309 CRL.P No. 11174 of 2025 arrest, petitioner approached the Sessions Court seeking anticipatory bail, the said petition was dismissed vide order dated 24.07.2025. 7. Learned HCGP has contended that the investigation is at the inception and in view of complaint averments, there is a prima-facie case against the petitioner and therefore, if he is granted the relief as sought in the petition, he may not co-operate with the investigation of the case. 8. Petitioner claims to be innocent and it is contended by the learned counsel that petitioner has been working as a gold appraiser since 2015 and he is also working as a freelance appraiser in respect of 5 banks, without any blemish or complaint. He submitted that the petitioner is ready and willing to abide by any conditions and he will cooperate with the investigation of the case. 9. The offence alleged in the FIR is under Section 318(2), 318(3) and 318(4) of BNS, 2023. The involvement - 5 - HC-KAR NC: 2025:KHC:34309 CRL.P No. 11174 of 2025 of the petitioner is a matter to be investigated into and established in due course. The fake gold ornaments are allegedly pledged by accused Nos.1 and 2. The allegations against the petitioner is that, he being a gold appraiser has colluded with the said accused, which has to be established in due course. 10. The petitioner has no criminal antecedents. In the facts and circumstances, by imposing suitable conditions, relief sought in the petition can be granted. Hence, the following: ORDER Petition is allowed. Petitioner / accused No.3 in Crime No.35/2025 registered by Halasur Police Station, Bengaluru City shall be released in the event of his arrest, subject to following conditions: a) The petitioner shall appear before the Investigating Officer within one week from - 6 - HC-KAR NC: 2025:KHC:34309 CRL.P No. 11174 of 2025 the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for likesum. b) He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in the address. c) He shall be available for the purpose of investigation as and when required and shall co-operate with the investigation. d) He shall not tamper the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS List No.: 1 Sl No.: 34