Narayana Reddy B v Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH HALASURU P.S. BENGALURU CITY Digitally signed by REPRESENTED BY THE LAKSHMINARAYANA STATE PUBLIC PROSECUTOR, MURTHY RAJASHRI Location: HIGH HIGH COURT OF KARNATAKA, COURT OF HIGH COURT BUILDING, KARNATAKA BENGALURU - 560 001

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…RESPONDENT

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(BY Smt.B PUSHPALATHA, ADDL.SP)

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT HALASURU P.S. BENGALURU CITY, THAT IN THE EVENT OF ARREST BY THE RESPONDENT POLICE IN

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NC: 2025:KHC:40800 CRL.P No. 11520 of 2025

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HC-KAR

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CR.NO.35/2025 DATED 25.02.2025 FOR ALLEGED OFFENCES P/U/S. 318(2), 318(3) AND 318(4) OF THE BNS, PENDING BEFORE X ADDL. CMM COURT AT MAYOHALL AT BENGALURU THE PETITIONERS SHALL BE RELEASED ON BAIL.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.2 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short `BNSS, 2023) for grant of anticipatory bail in respect of Crime No.35 of 2025 of Halasuru Police Station registered for the offences punishable under Sections 318(2), 318(3) and 318(4) of Bharatiya Nyaya Sanhita, 2023.

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Heard the learned counsel for petitioner and the

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learned Additional State Public Prosecutor for the respondent - State.

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The learned counsel for the petitioner would contend that he pledged gold ornaments and availed loan of Rs.10,21,000/- on 14.02.2024. The petitioner received a notice dated 20.12.2024 from the Bank stating that the gold pledged is found to be fake in audit report. The petitioner has sent a

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3 - NC: 2025:KHC:40800 CRL.P No. 11520 of 2025

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HC-KAR

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reply to the said notice stating that, he has pledged the genuine gold jewellery. Thereafter, after more than one month, a complaint has been filed. The petitioner is ready to cooperate with the police for investigation, and abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition.

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Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that the gold pledged at the time of availing loan are found to be fake gold ornaments in the audit report. The allegation against the petitioner is that, he in collusion with the Appraiser/accused No.3 has pledged the fake gold ornaments and availed the loan and cheated the Bank. The investigation is in progress. Therefore, the petitioner is not entitled for grant of anticipatory bail.

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Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record.

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NC: 2025:KHC:40800 CRL.P No. 11520 of 2025

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HC-KAR

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The accusation against the petitioner is that he pledged the fake gold ornaments and availed loan and cheated the Bank. The petitioner contended that he has availed loan by pledging the genuine gold ornaments. At the time of availing loan, the gold jewellery pledged have been tested by the Appraiser of the Bank, and thereafter, the loan has been sanctioned. After ten months of availing the loan, the petitioner has received the notice stating that, the gold pledged by him is found to be fake, and it is found in the audit report. The Appraiser has also been arrayed as accused No.3, and he has been granted anticipatory bail by a coordinate Bench of this Court in Crl.P No. 11174/2025.

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The petitioner has undertaken to cooperate with the police in the investigation. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has made out a case for grant of anticipatory bail with conditions.

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In the result, the following:

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ORDER

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i) The petition is allowed.

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NC: 2025:KHC:40800 CRL.P No. 11520 of 2025

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HC-KAR

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ii) The petitioner is ordered to be released on bail in

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the event of his arrest in Crime No.35 of 2025 of Halasuru Police Station subject to the following conditions:

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a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rs.One lakh) with one surety for the likesum to the satisfaction of Investigating Officer.

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