- 1 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12769 OF 2025 C/W CRIMINAL PETITION NO. 13209 OF 2025 IN CRL.P No. 12769/2025 BETWEEN: SRI SURESH S/O VENKATESULU AGED ABOUT 32 YEARS, PRESENTLY RESIDING AT NO.556, VIDYANAGARA CROSS, BETTALASURU POST, BANGALORE NORTH TALUK, BANGALORE - 562157 PERMANENTLY RESIDING AT NO. 2-179, MANURU VILLAGE AND POST, ANANTHAPURA, ANHDRA PRADESH, PIN - 515303. …PETITIONER (BY SRI. SHAKEER ABBAS M.,ADVOCATE) AND: STATE OF KARNATAKA CHIKKAJALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI BANGALORE - 560001 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 …RESPONDENT (BY MISS. ASMA KOUSER., ADDL. SPP) CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER (ACCUSED NO.3) ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.128/2025, REGISTERED AT CHIKKAJALA P.S FOR THE O/P/U/S 316(5),318(4) R/W 3(5) OF BNS PENDING ON THE FILE OF ACJ AND JMFC DEVANAHALLI.THE V ADDL.DIST. AND SESSIONS JUDGE, BENGALURU RURAL, SITTING AT DEVANAHALLI HAS REJECTED THE ANTICIPATORY BAIL PETITION ON 01.09.2025 IN CRL.MISC.NO.15165/2025COPY SERVED ON SPP.POST CRL.P BEFORE COURT FOR ORDERS.SN04.09.2025. IN CRL.P NO. 13209/2025 BETWEEN: MR. KUNA RAJA SEKHAR, S/O. K. APPALA NAIDU, AGED ABOUT 35 YEARS, R/A. NO. 102, 6TH CROSS, KHB COLONY, BASAVESHWARA NAGAR, BENGALURU CITY -79. ...PETITIONER (BY SRI. MAHESH S., ADVOCATE) AND: STATE OF KARNATAKA BY CHIKKAJALA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. ...RESPONDENT (BY MISS. ASMA KOUSER., ADDL. SPP) CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT - 3 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN THE CRIME NO.128/2025 PENDING ON THE FILE OF THE ADDL.CITY CIVIL AND JMFC, DEVANAHALLI REGISTERED BY THE CHIKKAJALA POLICE STATION, BANGALORE FOR OFFENCE U/S 316(5), 318(4) R/W 3(5).THE V ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL SITTING AT DEVANAHALLI HAS REJECTED THE ANTICIPATORY BAIL PETITION ON 04.09.2025 IN CRL.MISC NO.15172/2025.COPY SERVED ON SPP.OFFICE NOTE:1. THE ACCUSED SURESH IN THE SAME CR.NO. HAS FILED CRL.P.NO.12769/2025 U/S 438 AND WHICH IS ADJOURNED ON 09.09.2025.POST CRL.P BEFORE COURT FOR ORDERS A/W OFFICE NOTE.RS 16.09.2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ COMMON ORAL ORDER Both the petitions are filed under Section 482 of the BNSS, 2023 seeking to enlarge the petitioners on anticipatory bail. 2. FIR in Crime No.128/2025 of Chikkajala Police Station, Bengaluru City, is registered against 5 accused for - 4 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 the offence punishable under Section 316(5), 318(4) read with Section 3(5) of the BNS, 2023. 3. Petitioners are arraigned as accused No.3 and 4 respectively in the FIR. 4. The first informant, Sudeep. K. is working as a customer relationship Execute Manager in one 'Jana Small Finance Gold Loan Company'. It is alleged that, certain gold was deposited with Bank of India by accused No.3, and he had obtained loan of Rs.7,10,000/-. One Naresha telephoned to him stating that his friend Suresha is unable to pay the amount to the bank and therefore, requested him to deposit the said gold in Jana Small Finance and to give loan to accused No.3. Hence, it is alleged that, complainant took a sum of Rs.7,00,000/- from one Praveen and he added another sum of Rs.70,000/- and deposited with the Bank of India and got the gold released, but on verification, by the gold appraiser, it was found that the said gold was fake. - 5 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 5. Accused No.3 is alleged to have initially deposited the fake gold with Bank of India. The said gold was released from the Bank by paying a sum of Rs.7,10,000/- by the complainant. The allegations are that, when the complainant verified the gold, it was found that the said gold was fake. 6. According to the learned counsel appearing for accused No.3, the gold belongs to accused Nos.1 and 2 and the said petitioner has no role to play except introducing accused No.2 to the complainant. He submitted that the offences alleged are not punishable with death or imprisonment for life and petitioner has no criminal antecedents. Therefore, sought to enlarge the petitioner on bail by imposing any conditions. 7. The learned counsel appearing for accused No.4 has contended that the said accused is the Manager of Bank of India and it is not the case of the complainant that the fake gold was either received intentionally by him or - 6 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 he released the gold with the knowledge that it is fake. Hence, he contended that, the said accused has no role to play in the alleged offence. 8. The offences alleged are not punishable with death or imprisonment for life. The prosecution has to establish its case against the petitioners in a full fledged trial. Petitioners have undertaken to co-operate with the investigation of the case. Their custodial interrogation may not be necessary in the facts and circumstances of the case. Hence, by imposing necessary conditions, the relief sought in the petition can be granted. Accordingly, the following:- ORDER i) Petitions are allowed. ii) Petitioners/ accused Nos.3 and 4 in Crime No.128/2025 of Chikkajala Police Station, Bengaluru City, shall be released in the event of their arrest subject to following conditions: - 7 - HC-KAR NC: 2025:KHC:39008 CRL.P No. 12769 of 2025 C/W CRL.P No. 13209 of 2025 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.2,00,000/- (Rupees Two Lakh only) each with a surety for the likesum. 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 LDC List No.: 1 Sl No.: 39