S Ananda Kumar Vs the State of Karnataka

THE STATE OF KARNATAKA THROUGH HALASURU P S BENGALURU CITY REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560001

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…RESPONDENT

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(BY SRI CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT HALASURU P.S., BENGALURU CITY IN THE EVENT OF ARREST BY THE RESPONDENT POLICE IN CR.NO.35/2025 DTD 25.02.2025, FOR

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NC: 2025:KHC:42474 CRL.P No. 13817 of 2025

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HC-KAR

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THE OFFENCES PUNISHABLE UNDER SECTIONS 318(2), 318(3), 318(4) OF BHARATIYA NYAYA SANHITA, THE PETITIONERS SHALL BE RELEASE ON ANTICIPATORY BAIL.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 under Section

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482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in respect of Crime No.35/2025

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of Halasur 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 the petitioner and the learned High Court Government Pleader for the respondent - State.

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The learned counsel for the petitioner would contend that, the petitioner has pledged gold ornaments and availed loan of Rs.2,14,000/and Rs.1,98,000/on 13.2.2024. The petitioner received a notice dated 20.12.2024 from the Bank stating that, the gold pledged is

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HC-KAR

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found to be fake in audit report. He has sent a reply to the said notice stating that, he has pledged the genuine gold jewelry. 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. He further submits that, accused No.2, who is similarly placed to that the petitioner, has been granted anticipatory bail by order dated 15.10.2025 passed in Crl.P No.11520/2025. With this, he prayed to allow the petition.

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Per contra, the learned High Court Government Pleader 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

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NC: 2025:KHC:42474 CRL.P No. 13817 of 2025

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HC-KAR

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is not entitled for grant of anticipatory bail. With this, he

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prayed for dismissal of the petition.

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Having heard the learned counsel, the Court

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has perused the FIR, complaint and other materials placed on record.

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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 jewelry 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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HC-KAR

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The accused No.2, who is the brother of this

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petitioner having similar allegation of availing loan by pledging fake gold ornaments, has been granted anticipatory bail by this Court, and therefore, the petitioner is entitled for grant of bail on the ground of parity.

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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

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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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ii) The petitioner is ordered to be released on bail

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

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HC-KAR

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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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