- 1 - HC-KAR CNR: KAHC010009542026 NC: 2026:KHC:49776 CRL.P No. 108 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO.108 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. PARTHESHA K.N. AGED ABOUT 39 YEARS S/O NAGABHUSHAN RAO R/O AMBA NIVASA, CHURCH ROAD BALEHONNUR, N.R. PURA CHIKKAMAGALURU DISTRICT-577112. …PETITIONER (BY SRI. PARIKSHIT S.S., ADVOCATE) AND: 1. STATE BY BALEHONNUR POLICE CHIKKAMAGALURU DISTRICT REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560001. 2. THE MANAGER UNION BANK OF INDIA BALEHONNUR CHIKKAMAGALURU DISTRICT-577112. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, ADDL. SPP FOR R1; SRI. VIGNESH SHETTY, ADVOCATE FOR R2) Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010009542026 NC: 2026:KHC:49776 CRL.P No. 108 of 2026 THIS CRL.P. IS FILED U/S.482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.639/2024 ON THE FILE OF THE CIVIL JUDGE AND JMFC, N.R.PURA FOR THE OFFENCES P/U/S 420, 120B, 417, 418 AND 34 OF IPC (U/S 420 AND 418 OF IPC AS AGAINST THE PETITIONER) REGISTERED ON THE BASIS OF THE CHARGE SHEET FILED BY RESPONDENT NO.1 POLICE IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER 1. Heard the learned counsel appearing for the petitioner, learned Additional SPP for respondent no.1 and the learned counsel for respondent no.2. 2. This petition is filed seeking to quash the proceedings in C.C.No.639/2024 on the file of the JMFC, N.R.Pura for the offences punishable under Sections 420, 120B, 417, 418 r/w 34 of the Indian Penal Code, 1860. 3. Learned counsel for the petitioner would submit that the petitioner is a gold appraiser attached to respondent No.2- Bank. The complaint has been filed alleging that the gold which was pledged with respondent No.2-Bank is spurious gold and Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010009542026 NC: 2026:KHC:49776 CRL.P No. 108 of 2026 that the loan was lent based on the assurance and certificate of the petitioner. 4. Learned counsel for the petitioner would submit that Nodal Officer on 17.08.2024 has stated that two other appraisers had certified the gold as genuine. It is urged that no prosecution was lodged against them, as such, learned counsel would contend that the prosecution is selective and discriminatory. 5. Learned Additional SPP for respondent No.1 as well as learned counsel for respondent No.2 would submit that the charge sheet is filed. Prima facie, it is established that the gold pledged is spurious. The petitioner had certified the gold as genuine and based on that certificate, the loan was advanced and now the Bank has incurred the loss. According to the respondents, the petitioner has cheated the complainant, as such, would contend that the matter has to be tried. 6. The Court has considered the contentions raised and perused the records. 7. The petitioner is said to be the appraiser of the gold appointed by respondent No.2-Bank. The loan was availed by Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010009542026 NC: 2026:KHC:49776 CRL.P No. 108 of 2026 two persons namely, Sanjith.C and B.R.Arun Kumar on 25.10.2023 and 06.11.2020 respectively. It is alleged that the petitioner had certified the gold pledged by Sanjith.C and B.R.Arun Kumar as genuine. However, the prosecution has been lodged on the ground that the gold is not genuine. Merely because two other persons had certified the gold as genuine that by itself, cannot be a ground to quash the proceedings on the ground that those two persons are not arrayed as accused. Hence, the Court is of the view that the matter requires trial and the petition is dismissed. 8. It is made clear that the observations made in this order are prima facie observations and the same should not be construed as having reflected on the merits of the prosecution or the petitioners' case. 9. All contentions kept open are to be heard at the time of trial. (ANANT RAMANATH HEGDE) JUDGE hkh. List No.: 1 Sl No.: 14 Digitally Signed by ANANT RAMNATH HEGDE