- 1 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10021 OF 2025 C/W CRIMINAL PETITION NO. 10249 OF 2025 IN CRL.P NO. 10021/2025 BETWEEN: SOMESHA N S/O NINGARAJU, AGED ABOUT 28 YEARS, R/AT. MOSANABAYANAHALLI VILLAGE, MYSURU - 571 311 …PETITIONER (BY SRI. RAVIKUMAR G.H., ADVOCATE) AND: STATE OF KARNATAKA BY MANDYA WEST POLICE STATION, MANDYA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001 …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THE PETITION THEREBY GRANT AN ANTICIPATORY BAIL IN CR.NO.79/2025 OF MANDYA WEST P.S MANDYA DISTRICT PENDING ON THE FILE OF PRL.CIVICL JUDGE (SR.DN) AND C.J.M COURT MANDYA DISTRICT MANDYA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 TO RELEASE HIM ON BAIL IN THE EVENT OF HIS ARREST, REGISTERED FOR THE OFFENCE P/U/S 61(2), 336(3), 318(2), 318(4), 316(2), 340(2) OF BNS 2023. IN CRL.P NO. 10249/2025 BETWEEN: SRI. SHIVAKUMAR A Y S/O YOGESHA, AGED ABOUT 30 YEARS, R/AT ARJUNAHALLI VILLAGE, HOSA AGRAHARA HOBLI, K R NAGARA TALUK, MYSURU DISTRICT - 571 601 …PETITIONER (BY SRI. NANDISH .R., ADVOCATE) AND: STATE OF KARNATAKA MANDYA WEST POLICE STATION, MANDYA - 571 401, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001 …RESPONDENT (BY SRI. RANGASWAMY .R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANTING ANTICIPATORY BAIL AND DIRECT THE RESPONDENT MANDYA WEST P.S, MANDYA DISTRICT, TO RELEASE PETITIONER IN EVENT OF HIS ARREST IN CR.NO.79/2025 FOR THE O/P/U/S 61(2), 336(3), 318(2), 318(4), 316(2), 340(2) OF BNS. - 3 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ COMMON ORAL ORDER These petitions are preferred under Section 482 of BNSS, 2023 by the petitioners seeking grant of anticipatory bail in the event of their arrest in Crime No.79/2025 of Mandya West police Station, registered for the offence punishable under Sections 61(2), 336(3), 318(2), 318(4), 316(2) and 340(2) of BNS, 2023. 2. Facts in brief are as under: One Shridhar son of late Siddegowda lodged a complaint with the police on 23.05.2025 averring that due to financial problem, he pledged his gold with SBI Bank, Halaguru and Muthoot Finance and he would renew the same every year for the last 4 years. When such being the case, one lady called him saying that she is from Anagha Gold Company and they would release the gold pledged with other banks and pledge the same with Anagha Gold Company for meager interest of 60 paise. On the next day, accused No.1 and his brother approached the - 4 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 complainant and gave Rs.9,85,000/- to deposit in the bank to release the gold pledged by the complainant. The said amount was paid to the SBI bank and 219 grams of gold was released. On the same day, accused No.1 brought the complainant to Anagha Gold Company and pledged the gold and issued a receipt. Similarly, on 05.11.2024, accused No.1 gave Rs.12,35,000/- to release 244.8 grams of gold which was pledged in Muthoot Finance. On 04.12.2024 gave Rs.6,50,000/- to release 131.2 grams of gold ornaments pledged with SBI Bank, in the name of the Complainant's wife, Smt.Kalavathi. In all, 595 grams of gold which was pledged at SBI Bank and Muthoot Finance were released and they were pledged in Anagha Gold Company. Thereafter, when the complainant visited Anagha Gold Company to get the gold released by paying the loan amount with interest, he noticed that the said company was closed. When the complainant called accused No.1 and other employees, they did not respond to the phone call. 3. It is alleged that the accused though, having no licence to do the business, by creating false receipt etc, cheated the complainant and similar other persons. - 5 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 4. The FIR is registered against one Praveen and the employees of Anagha Gold Company, Mandya. The petitioners are not named as accused in the FIR. It is submitted by the learned counsel for the petitioners that, during investigation, accused Nos.1 to 3 were arrested and they are released on bail by the learned Magistrate. It is contended that on the basis of the voluntary statements of the said accused, the police are making efforts to arrest the petitioners on the ground that they have purchased the gold from the said accused. 5. Learned HCGP contended that the accused are absconding, and they are required for custodial interrogation and if they are granted bail, they may not cooperate with the investigation. 6. The names of the accused are not in the FIR. In the course of investigation, accused Nos.1 to 3 were arrested. In the remand application, it is stated that one Mahesh, and the petitioners herein have purchased about 323 grams of gold from accused Nos.1 and 2 and the same has to be recovered. - 6 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 7. The petitioners have a reasonable apprehension of their arrest. They claim to be innocent of the alleged offence. They have undertaken to co-operate with the investigation of the case. They have no criminal antecedents. Offences alleged are not punishable with death of imprisonment for life. The allegations against the petitioners are that they have purchased the gold from other accused. The said allegations have to be proved in due course. Hence, petitioners can be released on bail by imposing suitable conditions. Accordingly, the following: ORDER Petitions are allowed. Petitioners in Crime No.79/2025 of Mandya West Police Station, shall be released in the event of their arrest, subject to following conditions: a) They 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) each with a surety for the likesum. - 7 - HC-KAR NC: 2025:KHC:30513 CRL.P No. 10021 of 2025 C/W CRL.P No. 10249 of 2025 b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) They shall co-operate with the investigation of the case. d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) They shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE MKM CT:VS