IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13874 OF 2025 (438(Cr.PC) /

482(BNSS))

BETWEEN:

1. SIDDARAJU S S/O SUBBACHAR P AGED ABOUT 41 YEARS RESIDING AT No.308 SHAMBAVI NILAYA PALEKAMMA NAGARA CHIKKAJALA POST YELAHANKA BENGALURU PIN: 560 064.

…PETITIONER Digitally signed by LAKSHMINARA YANA (BY SRI OMKARA.N, ADVOCATE)

MURTHY RAJASHRI Location : HIGH COURT OF AND:

KARNA TAKA

1. THE STATE OF KARNATAKA BY CHIKKAJALA PS, BENGALURU REPRESENTED BY SPP BENGALURU – 560 001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED U/S 482 BNNS) PRAYING TO PASS AN ORDER ENLARGE THE PETITIONER THE ACCUSED No.5 ON ANTICIPATORY BAIL IN CRIME No.128/2025 REGISTERED BY CHIKKAJALA POLICE STATION, BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 316(5), 318(4) R/W 3(5) OF BNS 2023 PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC, DEVANAHALLI AND ETC., 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 the petitioner –accused No.5 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.128/2025 of Chikkajala Police Station registered for offences punishable under Sections 316(5), 318(4) read with Section 3(5) of BNS, 2023.

2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State.

3. Learned counsel for the petitioner would contend that the petitioner who is working as Appraiser in Bank of India. Gold pleaded has been taken from the said bank after re-paying loan amount and thereafter, when it gone for examination, it is stated to be fake gold. The petitioner has not committed offence as alleged. Accused Nos.3 and 4 have been granted anticipatory bail by this Court and therefore, this petitioner is also entitled to grant of bail on the ground of parity. The petitioner is ready to co-operate with police in the investigation and abide by terms and conditions to be imposed by this Court. With these, he prays to allow the petition and grant of anticipatory bail to the petitioner –accused No.5.

4. Per contra learned High Court Government Pleader for the respondent –State would contend that there is allegation against the petitioner that he along with Bank Manager has made grant of loan stating that pleaded articles are gold even though he was aware that those are not gold articles. Investigation is in-progress, if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper prosecution witnesses. With these, he prays for dismissal of the petition.

5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record.

6. 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.

7. Accused No.4 who is Manager of bank of India has been granted anticipatory bail by this Court. There is allegation that the petitioner along with the said bank manager have cheated the bank by giving report that pleaded gold is real gold even knowing that it is fake gold.

Whether the petitioner has committed offence as alleged is a matter of investigation and trial. Offences alleged against the petit