IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13957 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN: 1. NIKHIL S/O NARENDRA H AGED ABOUT 26 YEARS R/AT No.165, M5 AIRPORT ROAD VIDYANAGAR, CANTONMENT BELLARY KARNATAKA – 583 101.

…PETITIONER (BY SRI. SRIRAM M, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY SHO OF TILAKNAGAR P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA Digitally signed by LAKSHMINARAY ANA BENGALURU – 560 001.

MURTHY RAJASHRI …RESPONDENT Location: HIGH COURT OF KARNATAKA (BY SMT. B PUSHPALATHA, ADDL. SPP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT RESPONDENT POLICE OFFICER, THILAKNAGAR POLICE STATION, TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF THE THEIR ARREST IN CRIME No.162/2025, REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 403, 406, 420 OF IPC.

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

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by sole accused under Section

482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.162/2025 of Tilaknagar Police Station, registered for offences punishable under Sections 403, 406 and 420 of Indian Penal Code.

2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent -

State.

3. Learned counsel for petitioner would contend that, the petitioner who took order for preparing gold ornaments from the complainant has prepared and handed over the jewellery and the complainant was not satisfied with the make and design and there was difference between them. In order to harass this petitioner, a false complainant has been filed against him. He further submits that, the complainant is a bouncer in a bar and restaurant where this petitioner used to visit. The petitioner is ready to cooperate with the Police in investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner by getting gold ornaments and cash from the complainant, did not make golden ornaments and give them back to the complainant and cheated the complainant. The investigation is in progress. If the petitioner is granted bail, there are chances of he hampering the investigation and tampering the prosecution witnesses. With these, she prayed for rejection of the petition.

5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

6. The complaint has been filed by one Sri. Logu Raju in P.C.R.No.14875/2024 on the file of III Additional Chief Judicial Magistrate, Bengaluru. The said complaint has been referred to Police for investigation. On the basis of the said complaint, FIR came to be registered in Crime No.162/2025 of Tilaknagar Police Station against this petitioner for offences under Sections 403, 406 and 420 of IPC. In the FIR, the petitioner is shown as accused. The petitioner apprehends his arrest as he has been shown as accused in the FIR. The allegation made in the said complaint is that, the petitioner getting gold ornaments and cash from the complainant for making new ornaments. The petitioner after having received them, has not made a new gold ornaments and handed over to the complainant and cheated him. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. The petitioner has undertaken to cooperate with the Police in the investigation and abide by any conditions to be imposed by this Court. There are no criminal antecedents of the petitioner.

7. Considering all the above aspects, the petitioner has made out a case for grant of a