Anticipatory bail granted under specific conditions in non-capital offences.

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ COMMON ORAL ORDER Both the petitions are filed under Section 482 of the BNSS, 2023 seeking to enlarge the petitioners on anticipatory bail.

2. FIR in Crime No.128/2025 of Chikkajala Police Station, Bengaluru City, is registered against 5 accused for HC-KAR the offence punishable under Section 316(5), 318(4) read with Section 3(5) of the BNS , 2023.

3. Petitioners are arraigned as accused No.3 and 4 respectively in the FIR.

4. The first informant, Sudeep. K. is working as a customer relationship Execute Manager in one 'Jana Small Finance Gold Loan Company'. It is alleged that, certain gold was deposited with Bank of India by accused No.3, and he had obtained loan of Rs.7,10,000/-. One Naresha telephoned to him stating that his friend Suresha is unable to pay the amount to the bank and therefore, requested him to deposit the said gold in Jana Small Finance and to give loan to accused No.3. Hence, it is alleged that, complainant took a sum of Rs.7,00,000/- from one Praveen and he added another sum of Rs.70,000/- and deposited with the Bank of India and got the gold released, but on verification, by the gold appraiser, it was found that the said gold was fake.

HC-KAR

5. Accused No.3 is alleged to have initially deposited the fake gold with Bank of India. The said gold was released from the Bank by paying a sum of Rs.7,10,000/- by the complainant. The allegations are that, when the complainant verified the gold, it was found that the said gold was fake.

6. According to the learned counsel appearing for accused No.3, the gold belongs to accused Nos.1 and 2 and the said petitioner has no role to play except introducing accused No.2 to the complainant. He submitted that the offences alleged are not punishable with death or imprisonment for life and petitioner has no criminal antecedents. Therefore, sought to enlarge the petitioner on bail by imposing any conditions.

7. The learned counsel appearing for accused No.4 has contended that the said accused is the Manager of Bank of India and it is not the case of the complainant that the fake gold was either received intentionally by him or HC-KAR he released the gold with the knowledge that it is fake. Hence, he contended that, the said accused has no role to play in the alleged offence.

8. The offences alleged are not punishable with death or imprisonment for life. The prosecution has to establish its case against the petitioners in a full fledged trial. Petitioners have undertaken to co-operate with the investigation of the case. Their custodial interrogation may not be necessary in the facts and circumstances of the case. Hence, by imposing necessary conditions, the relief sought in the petition can be granted. Accordingly, the following:-

ORDER

i) Petitions are allowed ii) Petitioners/ accused Nos.3 and 4 in Crime No.128/2025 of Chikkajala Police Station, Bengaluru City, shall be released in the event of their arrest subject to following conditions:

HC-KAR a) They shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only)

each with a surety for the likesum.

b) They shall furnish proof of their residential address/contact number and shall inform the I.O. in case of any change in the address/contact number.

c) They shall co-operate with the investigation of the case.

d) They shall not tamper with the prosecution evidence/witnesses either directly or indirectly.

e) They shall be regular in attending the Court proceedings.