- 1 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 1349 OF 2026 (438(Cr.PC) / 482(BNSS)) BETWEEN: SUDEEP S/O THUKRA POOJARY, AGED ABOUT 42 YEARS, R/AT DOOR NO.4-356, LAXMINAGARA, 1ST CROSS, VTC, THINKANIDIYOOR, UDUPI TALUK, UDUPI - 576 106. …PETITIONER (BY SRI. HALEEMA AMEEN., ADVOCATE) Digitally signed by NARAYANA UMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 AND: THE STATE BY HIRIADKA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT. ANITHA GIRISH N., HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE HIRIADKA POLICE STATION TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.77/2025 OF HIRIADKA POLICE STATION REGISTERED FOR OFFENCES P/U/S 316(2), 318(4) OF BNS PENDING ON THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND CJM UDUPI. IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER 1. The petitioner/accused No.3 is before this Court seeking the grant of anticipatory bail in Crime No.77/2025 of the respondent police for the offence under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. Brief facts of the case: 2. The case of the prosecution is that a complaint came to be registered by Sandesh S.-Bank Employee, stating that Puneeth Ananda Kotian was a customer of the said bank, he had pledged 40.1 grams of bangles and borrowed a loan of Rs.1,80,000/-. Again, on 08.07.2024, he paid the entire amount and redeemed the said bangles and again, obtained a loan of Rs.2,08,000/-. On 08.10.2025, it is alleged that the said Puneeth Ananda Kotian, who is arrayed as accused No.1 had pledged a gold chain and obtained a loan of Rs.1,50,000/-. The gold appraiser verified the said gold and found that it was fake gold. Hence, a complaint has been lodged against accused No.1. The present petitioner, who is arraigned as accused No.3, - 4 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 is nowhere connected with the said pledging or involvement in obtaining the loan from the bank. However, he is having apprehension that the respondent police may arrest him in connection with the said case in respect of Cr. No.77/2025 filed against accused No.1. 3. Heard Smt.Haleema Ameen, learned counsel for the petitioner and Smt.Anitha Girisha N., learned High Court Government Pleader for respondent-State. 4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offence. He was selling the one-gram gold ornaments and living on the said earnings, and he is not at all connected with accused Nos. 1 and 2. However, there is an apprehension of his arrest by the respondent police in connection with the complaint given by the complainant. The petitioner is a permanent resident of Thinkanidiyoor, Udupi Taluk, and he is the earning member of the family. He will abide by the conditions imposed by this Court in the event of his release on bail. Making such submissions, he prays to allow the petition. - 5 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 5. Per contra, the learned High Court Government Pleader for the respondent State vehemently submitted that the petitioner, though arraigned as accused No.3, his custodial interrogation is very much essential for a fair and impartial investigation. The petitioner, in furtherance of a common intention with other accused, committed a heinous offence and cheated and deceived the bank by obtaining a loan by pledging duplicate gold. Hence, it is not appropriate to grant him bail. Making such submissions, he prays to reject the petition. 6. Having heard the learned counsel for the respective parties and perused the averments of the complaint, it appears that accused No.1 had placed the gold ornaments and obtained a loan. However, the gold appraiser on verification of the said gold ornament (chain) came to know that the same is a fake gold chain. Hence, the complainant, being an employee of the bank, lodged a complaint against accused No.1. Be that as it may. 7. The involvement of the present petitioner in the case appears to be very bleak. Hence, it is appropriate to grant him bail by imposing suitable conditions. - 6 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 8. Hence, I proceed to pass the following: ORDER (i) The petition is allowed. (ii) The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.77/2025 of respondent-police for the offence under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, on executing personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court. (iii) The petitioner shall appear before the jurisdictional police within a period of one month from today to execute a personal bond and also to furnish surety. (iv) The petitioner shall co-operate with the investigation till the filing of the charge sheet. - 7 - HC-KAR NC: 2026:KHC:15965 CRL.P No. 1349 of 2026 (v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. (vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. (vii) The petitioner shall not commit any criminal cases till disposal of the case. In case the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file a necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE NR/- List No.: 1 Sl No.: 34