- 1 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.17460 OF 2025 BETWEEN: SRI GUDALA HARIPRASAD REDDY S/O GUDALA RAMAKRISHNA REDDY, AGED ABOUT 68 YEARS, RESIDING AT FLAT NO. 104, SAIVEN SUNSET BOULEVARD EMBASSY GOLF LINKS RD, EMBASSY GOLF LINKS BUSINESS PARK, DOMLUR, BENGALURU - 560 037. …PETITIONER (BY SRI. SHIVAKUMAR, ADVOCATE (VIDEO CONFERENCE)) AND: 1. STATE OF KARNATAKA KOTHANUR POLICE STATION, BENGALURU BY SPP, HIGH COURT, BENGALURU. 2. SMT P JANAKI W/O B JAYAKUMARAN, AGED 40 YEARS, CHIEF MANAGER, BANK OF MAHARASHTRA, NO.19, UTTARADHI MUTT ROAD, BASAVANAGUDI, BANGALORE - 560 004. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 R2 SERVED) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT POLICE TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.297/2025 REGISTERED IN KOTHANUR POLICE STATION FOR THE OFFENCE P/US/ 316(2),318(4),336(2),336(3),340(2),31(2) R/W SEC.3(5) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE IV ACMM BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Shivakumar, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent/State. 2. Present petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Samhita with the following prayer: "Wherefore, the petitioner hmbly prays that this Hon'ble Court may be pleased to direct the Respondent police to enlarge the petitioner on bail in the event of his - 3 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 arrest in Crime No.297/2025 registered in Kothanur Police Station for the offences punishable under Sections 316(2), 318(4), 336(2), 336(3), 319(2) and 340(2) read with Section 3(5) of BNS 2023, pending on the file of Hon'ble IV ACMM, Bangalore in the interest of justice. 3. A complaint came to be lodged by Smt. Janaki being the Chief Manager of Bank of Maharashtra, Basavanagudi Branch with Kothanur Police Station contending that Sri. Anurag along with present petitioner and his wife Smt. Prabhavathi visited the Bank of Maharashtra, Basavanagudi Branch for the purpose of home loan. 4. They had earlier visited the said branch for purchase of a flat bearing No.603 situated in apartment by name 'Sky City' of Chokkanahalli Village, Yelahanka and obtained home loan in a sum of Rs.1,15,00,000/- (Rupees One Crore Fifteen Lakhs only). Said proposal was processed and loan was lent on 23.08.2023 after obtaining the necessary documents. - 4 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 5. Property was standing in the name of Sri. Ahmed and there was an agreement between said Ahmed and the petitioner. On 30.08.2023 there was a letter received said to have been written by Central Bank stating that loan has been cleared and loan on the property has been cleared made by Ahmed and therefore, money can be deposited into the account of Sri. Hariprasad (petitioner). As such, on 25.08.2023 a sum of Rs.88,32,357/- was deposited into the account of petitioner and on 12.09.2023 a Demand Draft was ordered to be given in favour of said Ahmad. As such a demand draft in a sum of Rs.8,67,643/- was given. 6. Loan installments were being paid regularly and petitioner and his wife defaulted in paying the loan installments and therefore the said loan account was classified as non performing asset on 21.06.2025. 7. When the matter stood thus, they received the information stating that Hennur Police Station is wanting - 5 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 the documents that were pledged in their bank for verification and they came to know that there is a litigation in respect of the property which was subject matter of the loan. On enquiry, it is noticed that there was a loan from Bank of Baroda on the property and all the persons including the present petitioner colluded together in cheating the Bank of Maharashtra and therefore sought for action. Police after registering the case are investigating the matter. 8. In the meantime, petitioner approached the District Court for grant of anticipatory bail in C.Misc. No.10234/2025. 9. Learned Judge after entertaining the objections of the prosecution, by Order dated 27.11.2025 dismissed the said request and thereafter petitioner is before this Court. 10. Sri Shivakumar, learned counsel for the petitioner would contend that petitioner is innocent and in - 6 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 fact she has been cheated in the whole process and in that regard she had already approached the Kothanur Police Station on 10.09.2025 and no action has been taken by the police till today and the FIR now filed by the bank is on 04.10.2025 after The petitioner has approached the Kothanur Police and therefore sought for grant of anticipatory bail. 11. He would further contend that he would co- operate with the police in all respects and taking note of the fact that petitioner is aged 68 years, he may be granted anticipatory bail. 12. Per contra, learned High Court Government Pleader opposes the bail grounds by contending that signature of the petitioner is found on all documents along with his wife and therefore prima facie there is a fraud played on Bank of Maharashtra as there was a loan borrowed by the vendor of the petitioner on the very same - 7 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 property which has been suppressed and therefore sought for rejection of the bail petition. 13. Having heard the arguments of both sides, this Court perused the material on record meticulously. 14. On such perusal of the material on record, admittedly it is the petitioner who has approached the Kothanur police on 10.09.2025 alleging that bank officials in collusion with the others have created the documents in the name of the petitioner and his signature is obtained clandestinely and sought for action. 15. Thereafter, on 04.10.2025, the present complaint came to be filed by official of Bank of Maharashtra. 16. Whether the allegations made by the petitioner is true or the allegations found in the complaint filed by the Bank of Maharashtra on 04.10.2025 is true is a matter that has to be investigated by the Kothanur Police. - 8 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 17. Presence of the petitioner is very much necessary and limited period of custodial interrogation is also necessary in obtaining the specimen handwriting and other necessary details to unearth the truth. 18. Therefore, to balance the need of the prosecution for custodial interrogation and protection of right of the petitioner as is enshrined in Article 21 of the Constitution of India, if the petitioner is directed to appear before the Investigation Officer on a particular day and undergo limited of custodial interrogation, ends of justice could be met. 19. Therefore, following Order: ORDER (i) Criminal Petition is allowed. (ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer positively on 29.04.2026 at 10.00 a.m. - 9 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 (iii) Investigation Officer is at liberty to take the petitioner to custody and conclude the custodial interrogation on the same day before 06.00 p.m. (iv) Thereafter petitioner be allowed on bail on taking a bond in a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Investigation Officer. (v) Petitioner shall co-operate with the Investigation Officer in all respects including furnishing the specimen handwriting, specimen signature etc. (vi) Petitioner shall not tamper the prosecution witnesses in any manner. (vii) Petitioner shall attend the Court regularly. (viii) Petitioner shall mark his attendance every third Sunday between 10 a.m. and 02 p.m. till the final report is filed. (ix) Petitioner shall not leave the jurisdiction of Bangalore District without prior permission. - 10 - HC-KAR NC: 2026:KHC:21131 CRL.P No. 17460 of 2025 Violation of any one of the conditions would entitle the Prosecution to seek for cancellation of bail. SD/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 6