- 1 - HC-KAR NC: 2025:KHC:36883 CRL.P No. 12012 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12012 OF 2025 BETWEEN: SRI. HARISH S.M. S/O SOMASHEKAR, AGED ABOUT 40 YEARS, R/AT NTB OFFICE ROAD, JANNAPURA, BHADRAVATHI-577 301. …PETITIONER (BY SRI. ABHAY RAJIV SHIVAM, ADVOCAE FOR SRI. SANTHOSH S NAGARALE, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY CEN POLICE STATION, SHIVAMOGGA-577 201. (REPRESENTED BY SPP, HIGH COURT OF KARNATAKA) BANGALORE-1. …RESPONDENT (BY SRI. R. RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT THE ANTICIPATORY BAIL TO PETITIONER IN CRIME NO.0057/2025 REGISTERED BY THE RESPONDENT POLICE STATION PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN) AND CJM, SHIVAMOGGA DISTRICT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 34, 420, 468 OF THE INDIAN PENAL CODE. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36883 CRL.P No. 12012 of 2025 THIS PETITION, 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, the learned High Court Government Pleader for State and perused the material on record. 2. Petitioner/accused No.2 in Cr.No.57/2025 of Shivamogga CEN crime Police Station, Shivamogga, registered for the offence punishable under Section 420, 468 r/w 34 IPC, has preferred this petition under Section 482 of BNSS, 2023, seeking anticipatory bail. 3. Complaint is lodged by one Mohammad Nazeem M., on the basis of which, the aforementioned crime is registered against accused Nos.1 and 2. 4. In brief, the complainant has alleged that the accused with a dishonest intention to cheat him, fraudulently availed multiple loans from various Banks - 3 - HC-KAR NC: 2025:KHC:36883 CRL.P No. 12012 of 2025 namely ICICI Bank, Axis Bank, HDFC Bank, Chola Mandalam investment & Finance Company Ltd., Tata Capital Ltd. SMFG India Credit Company Ltd. by creating and using fake Gmail ID in his name and also by misusing his documents and availed loan of Rs.1,07,06,970/- and cheated him etc. Further alleged that despite assurances given to the complainant, no house was constructed though the complainant had repaid Rs.22,50,715/- towards EMI. 5. Learned High Court Government Pleader contended that there is one more case registered against the petitioner in Cr.No.233/2025 of Tunganagara Police Station, Shivamogga for the offence punishable under Section 54, 61(2), 190, 318(4) and 352(2) of BNS. He contended that, petitioner along with accused No.1 has cheated the complainant by assuring him that they will provide a site and construct a house for him. 6. It is contended by the learned counsel for petitioner that the dispute is civil in nature but given a - 4 - HC-KAR NC: 2025:KHC:36883 CRL.P No. 12012 of 2025 colour of criminal offence. He contended that there are no specific allegations against the petitioner, and accused No.1 has been granted bail by the learned Magistrate. He submits that the petitioner will co-operate with the investigation of the case and therefore, by imposing any conditions, he may be enlarged on bail. 7. The contention of the learned counsel for petitioner is that the petitioner is nowhere involved in the financial transaction between the complainant and accused No.1 and only on the ground that he has helped the complainant to secure loans from the Banks, he has been arraigned as an accused, alleging that he has created fake Gmail ID for the purpose of securing loans to construct the house etc. 8. The allegations in the complaint have to be proved in due course. It is not in dispute that accused No.1 has been enlarged on bail by the learned Magistrate. The offence alleged are not punishable with death or imprisonment for life. Considering that accused No.1 has - 5 - HC-KAR NC: 2025:KHC:36883 CRL.P No. 12012 of 2025 been granted bail, the relief sought by the petitioner can be granted by imposing appropriate conditions. Hence, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.2 in Cr.No.57/2025 of Shivamogga CEN crime Police Station, Shivamogga, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from 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 the likesum. b) He shall furnish his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. - 6 - HC-KAR NC: 2025:KHC:36883 CRL.P No. 12012 of 2025 c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 44