- 1 - HC-KAR NC: 2025:KHC:30112 CRL.P No. 10565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10565 OF 2025 BETWEEN: SRI. SURESH ACHARYA AGED ABOUT 55 YEARS, S/O BABURAYA ACHARYA, RESIDING AT 1-5D, GULABI NILAYA, KARKADA ROAD, SALIGRAMA POST, BRAHMAVARA TALUK, UDUPI DISTRICT-576 213. …PETITIONER (BY SRI. K.S. NARESH SANTHOSH, ADVOCATE) AND: STATE BY KUNDAPURA POLICE KUNDAPURA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C (FILED U/S.482 BNSS) PRAYING TO SECURE THE RECORDS IN CRIME NO.63/2025 PUNISHABLE U/S 316(2), 318(4), 352, 351, 3(2) OF BNS ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, AT KUNDAPURA, GRANT HIM ANTICIPATORY BAIL DIRECTING THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30112 CRL.P No. 10565 of 2025 RESPONDENT KUNDAPURA POLICE STATION TO RELEASE HIM ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.63/2025 PUNISHABLE OFFENCE U/S 316(2), 318(4), 352, 351, 3(2) OF BNS ON THEIR FILE. 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, learned High Court Government Pleader for respondent/State and perused the material on record. 2. One Salima Banu filed a private complaint against accused Nos.1 to 3 alleging offences punishable under Section 316(2), 318(4), 352, 351 and 3(2) of BNS, 2023. 3. The said complaint was referred to police for investigation. Based on which, a case in Cr.No.63/2025 came to be registered at Kundapura Police Station, Udupi. Petitioner is arraigned as accused No.3 in the FIR. - 3 - HC-KAR NC: 2025:KHC:30112 CRL.P No. 10565 of 2025 4. It is alleged that the complainant is a resident of Hangalore in Kundapura Taluk and her husband is working abroad. She had given gold weighing 850 gms. to her brother (accused No.1) about 5 years ago and he had not returned the said gold. Whenever she was requesting him to return the gold, he used to avoid her on one pretext or the other and when she enquired him, he informed that he has given the gold to accused No.3, i.e., petitioner herein, through accused No.2. It is further alleged that when the complainant went and requested accused No.3 to return the gold, he threatened her and thus all the accused colluding with each other cheated the complainant etc. 5. The complaint averments itself reveal that the gold was handed over by the complainant to her brother- accused No.1. It is alleged that the said accused informed the complainant that the said god has been given to accused No.3, the present petitioner herein through - 4 - HC-KAR NC: 2025:KHC:30112 CRL.P No. 10565 of 2025 accused No.2 and therefore, when she went and requested the petitioner/accused No.3, he threatened her etc. 6. It is contended by the learned counsel for petitioner that the gold was pledged by accused No.1 in a Bank and accused Nos.1 and 2 approached the petitioner to release the same from the Bank after paying the loan amount. The petitioner herein after paying the amount to the bank, released the gold. He submitted that the petitioner is a businessman running a jewellery shop in the name of Poornima Jewellers at Saligrama and he is innocent of the offence alleged. 7. The prosecution has to establish its case against the petitioner in due course. It is the case of the complainant that when she went and requested the petitioner to return her gold, he threatened her. Admittedly, she has not given the gold to the petitioner. Hence, at this stage it cannot be said that the petitioner has cheated her. He has no criminal antecedents. Hence, by - 5 - HC-KAR NC: 2025:KHC:30112 CRL.P No. 10565 of 2025 imposing necessary conditions, the relief sought by the petitioner can be granted. Accordingly, the following: ORDER 1. Petition is allowed. 2. Petitioner/accused No.3 in Crime No.63/2025 registered by Kundapura Police Station, 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:30112 CRL.P No. 10565 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.: 68