The petitioners-accused Nos.2 and 3 are before this

Court

seeking

grant

of

anticipatory

bail

in

Crime

No.49/2019 of E and N Crime Police Station, registered for

the offences punishable under Sections 409 and 420 read

with Section 34 of Indian Penal Code (for short 'IPC'), on

the basis of the first information lodged by the informant

Sudeer Kamath.

2.

Heard Sri.Lethif.B, learned Counsel for the

petitioners and Sri.K.Rahul Rai, learned High Court

Government Pleader for the respondent-State. Perused

the materials on record.

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3.

Learned Counsel for the petitioners submitted

that the petitioners are arraigned as accused Nos.2 and 3.

They are innocent and law abiding citizens. They have not

committed any offence as alleged. They have been falsely

implicated in the matter without any basis. Since there is

reasonable apprehension of being arrested, they are

before this Court. He submitted that accused Nos.1 to 3

said to have borrowed different gold loans. Accused No.4

is the panel appraiser of the bank. He is said to have given

false report regarding the value of the fake jewellery.

Accused No.4 was apprehended and he gave voluntary

statement stating that it was he who brought the fake

jewellery from Coimbatore and obtained loan in the names

of these petitioners. Petitioner No.1 is aged about 75 years

and petitioner No.2 is aged about 71 years. Petitioner No.1

is a HIV positive patient. They are ready and willing to

co-operate with the investigating officer. They have made

some payments to the bank. The petitioners are the

permanent residents of the address mentioned in the

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cause title to the petition and they are ready and willing to

abide by any of the conditions that would be imposed by

this Court. Hence, he prays to allow the petition in the

interest of justice.

4.

Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioners for having

committed the offence. Accused No.4 is the approved

appraiser of the bank. He is the brother of accused No.3

and brother-in-law of accused No.2. All the accused

conspired together and pledged fake jewellery and gave

false valuation report and cheated the bank which

sanctioned the gold loan worth lakhs of rupees. The

petitioners are absconding since the date of registration of

the case. Looking to the nature and seriousness of the

offence, the petitioners are not entitled for grant of

anticipatory bail. Hence, he prays for dismissal of the

petition.

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5.

In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

<Whether the petitioner is entitled

for grant of anticipatory bail under

Section 438 of Cr.P.C.?=

My answer to the above point is in 8Negative9 for the

following:

R E A S O N S

6.

The Manager of the Karnataka Bank Limited,

Mangaluru lodged the first information making specific

allegations that these petitioners borrowed gold loan by

pledging the fake ornaments and when the same was

tested, it was found that they are the fake jewellery.

Accused No.4 is said to be the panel appraiser of the bank.

It is stated that he is the brother of accused No.3 and

brother-in-law of accused No.2. Therefore, all the accused

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conspired together and pledged fake jewellery and

accused No.4 gave a false appraisal report upon which 4

gold loans were sanctioned. The nature of the allegation

require them for interrogation. Therefore, I am of the

opinion that the petitioners are not entitled for grant of

pre-arrest bail.

7.

Accordingly, I answer the above point in the

negative and proceed to pass the following:

ORDER

The petition is dismissed.

Sd/-

JUDGE

NS

List No.: 1 Sl No.: 47