Mr Mohammed Rizwan Vs State of Karnataka

MR. MOHAMMED RIZWAN S/O LATE ABDUL REHAMAN AGED ABOUT 52 YEARS R/AT NO.405, VISTA AUBUM ST. JOHNS CHURCH ROAD FRAZER TOWN, BENGALURU NORTH BENGALURU - 560 005.

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…PETITIONER

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(BY SRI UDAYA PRAKASH M, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE, MOODABIDRI P.S. REP BY THE SPP, HIGH COURT OF KARNATAKA, BENGALURU - 01.

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(BY SMT. N. ANITHA GIRISH, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL, IN THE EVENT OF HIS ARREST IN CONNECTION WITH THE CRIMINAL CASE REGISTERED AS PER CRIME NO.206/2023 OF MOODABIDRI P.S, PENDING ON THE FILE HONBLE CIVIL JUDGE AND JMFC, MOODABIDRI FOR THE ALLEGED O/P/U/S 420, 465 AND 468 OF IPC, 1860.

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NC: 2025:KHC:14791 CRL.P No. 4258 of 2025

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.1 in Crime No.206/2023 registered by Moodabidre Police Station, Mangaluru City, for the offences punishable under Sections 420, 465 and 468 of IPC, is before this Court under Section 438 of Cr.P.C. seeking anticipatory bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.206/2023 was registered by Moodabidre Police Station, Mangaluru City, for the aforesaid offences against petitioner and others based on the first information dated 23.12.2023 received from Suprith Rai S/o B Chittaranjan Rai. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.152/2025 before the jurisdictional Sessions Court which was rejected on 07.03.2025. Therefore, he is before this Court.

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NC: 2025:KHC:14791 CRL.P No. 4258 of 2025

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A perusal of the material on record would go to show that first informant in the present case is admittedly guarantor for the loan borrowed by the petitioner from Bharat Co-operative Bank, Moodabidri Branch, Mangaluru. According to the first informant, in the year 2015, petitioner had applied for a loan of Rs.85 lakhs and for the said loan, first informant had stood as a guarantor. Allegation against petitioner and others named as accused in the FIR is that subsequently, fraudulent documents were created and further loan of Rs.2.75 crores was availed by the petitioner in collusion with the Bank and guarantor's signature was forged in the said documents. The material on record would go to show that further loan was borrowed/sanctioned in the year 2017. It is brought to the notice of this Court that Bank has already initiated recovery proceedings against borrower and guarantor and it is only at this stage, guarantor has approached the police. Be that as it may, the allegations made against the petitioner is based on documentary evidence and all the documents are available with the bank. Petitioner has undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate. The maximum punishment

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4 - NC: 2025:KHC:14791 CRL.P No. 4258 of 2025

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for the alleged offences is imprisonment for a period of seven years. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.206/2023 registered by Moodabidre Police Station, Mangaluru City, for the offences punishable under Sections 420, 465 and 468 of IPC, subject to the following conditions:

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The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/with two sureties for the likesum to the satisfaction of the investigating officer.

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