- 1 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11933 OF 2024 BETWEEN: 1. SYED WAJID ABID S/O SYED ABID AGED ABOUT 65 YEARS R/AT NO.38, ALMAS VILLA 100 FEET MAIN ROAD, 17TH MAIN, 6TH BLOCK, KORAMANGALA BENGALURU - 560 095. 2. SAYED FAHAD WAJID S/O SYED WAJID ABID AGED ABOUT 34 YEARS R/AT NO.204, VANDANA PEARLS DEVARACHIKKANAHALLI MAIN ROAD, BEGUR, BOMMANAHALI BENGALURU - 560 068. 3. SAYEDA SABHNAZ WAJID W/O SAYED ADRAN HUSSAIN AGED ABOUT 32 YEARS R/AT NO.7/18, 9TH 'A' MAIN ROAD 1ST STAGE, BTM LAY-OUT BENGALURU - 560 029. …PETITIONERS (BY SRI K.E. JAGADEESHA, ADV., FOR SMT. GAYATHRI Y.S, ADV.) AND: STATE OF KARNATAKA BY KORAMANGALA POLICE STATION, KORAMANGALA BENGALURU - 560 029 REP. BY STATE PUBLIC PROSECUTOR Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M.M, HCGP) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO PASS NECESSARY ORDERS DIRECTING THE RESPONDENT POLICE TO ENLARGE THEM ON BAIL IN THE EVENT OF THEIR ARREST BY THEM IN THEIR CR.NO.72/2018, PENDING BEFORE 4th ACMM, BENGALURU IN CC.NO.27220/2019, ALLEGED FOR OFFENCES P/U/S 406,420,120(B) R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 in C.C.No.27220/2019 pending before the Court of IV ACMM, Bengaluru arising out of Crime No.72/2018 registered by Koramangala Police Station, Bengaluru City for the offences punishable Sections 406, 420 & 120B R/w 34 of IPC are before this Court under Section 438 of Cr.P.C., 2. Heard the learned counsel for the parties. 3. FIR in Crime No.72/2018 was registered by Koramangala Police Station, Bengaluru City against petitioners herein for the aforesaid offences, on the basis of first information dated 08.02.2018 submitted by Sri - 3 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 Rajiv Gupta S/o APN Gupta, who is the authorized representative and Assistant Genera Manager, UCO Bank. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.9320/2024 before the jurisdictional Sessions Court, which was rejected on 19.10.2024. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that towards one time settlement amount, the petitioners have totally deposited a sum of Rs.7,55,00,000/- as on this date and are awaiting orders from the head office of the bank. The petitioners hail from a reputed family and they are ready and willing to cooperate before the Trial Court. Investigation of the case is completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 5. Per contra, the learned HCGP who has opposed the bail application, however does not dispute the submission made by learned counsel for the petitioners. On instruction she submits that the petitioners have - 4 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 deposited the aforesaid amount before the bank for the purpose of one time settlement. Accordingly, she prays to dismiss the petition. 6. In the first information, which is submitted by the authorized representative of UCO Bank it is stated that, the petitioners had borrowed a loan from the bank and in the year 2011 the said loan was classified as 'NPA' and subsequently an original application was filed before the DRT for recovery of Rs.14,23,69,706/- and the said original application was allowed on 19.09.2013. The allegation in the first information is that after recovery certificate was issued in the aforesaid recovery proceedings, the accused persons have fraudulently created documents in respect of the properties, which were mortgaged to the bank, based on which loan was sanctioned to the petitioners. 7. Perusal of the material on record would go to show that, the petitioners had give a proposal for one time settlement of the amount due from them and learned - 5 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 counsel for the petitioners has produced material before this Court to show that, as on this date sum of Rs.7,55,00,000/- has been deposited by the petitioners to the account of the bank towards their proposal of one time settlement. 8. Learned HCGP on instructions has submitted that aforesaid amount has been deposited by the petitioners. According to the learned counsel for the petitioners proposal for one time settlement is now pending consideration. Be that as it may, the fact remains that investigation of the case is already completed and charge sheet has been filed. The alleged offences are triable by the Court of Magistrate and maximum punishment for the alleged offences is imprisonment for a perod of seven years. 9. To show their bonafides, the petitioners have deposited a sum of Rs.7,55,00,000/- to the account of the bank. Under these circumstances, I am of the opinion that - 6 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 the petitioners have made out a case for grant of anticipatory bail. 10. Accordingly, the following: ORDER The Criminal 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 C.C.No.27220/2019 pending before the Court of IV ACMM, Bengaluru arising out of Crime No.72/2018 registered by Koramangala Police Station, Bengaluru City for the offences punishable Sections 406, 420 & 120B R/w 34 of IPC subject to the following conditions: 1. The petitioners shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the - 7 - HC-KAR NC: 2025:KHC:27763 CRL.P No. 11933 of 2024 satisfaction of the investigating officer/jurisdictional Court. 2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. The 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 NMS