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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF JANUARY, 2021

BEFORE:

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.8145 OF 2020

BETWEEN:

SRI. MAKAM VENKATA SHAMAIAH SETTY

@ VENKATESH M.,

S/O. G.V. SRINIVAS SETTY,

AGED ABOUT 48 YEARS,

R/AT NO.27, GROUND FLOOR,

7^TH MAIN, DATTATREYA NAGAR,

HOSAKEREHALLI, B.S.K 3^RD STAGE,

BENGALURU CITY,

KARNATAKA-560 085.

... PETITIONER

[BY SRI. T.PRAKASH, ADVOCATE]

AND:

STATE BY CHANAMMANAKERE

ACHUKATTU P.S.,

REP. STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDINGS,

BANGALORE-1.

... RESPONDENT

[BY SRI. MAHESH SHETTY, HCGP]

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE

EVENT OF HIS ARREST IN CR.NO.212/2020 OF CHANNAMMANAKERE

ACHUKATTU POLICE STATION, BENGALURU CITY FOR THE OFFENCE

P/U/S 409, 420 R/W 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY

THE COURT MADE THE FOLLOWING:

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ORDER

This petition is filed under Section 438 of Cr.P.C. by

accused No.1 in Crime No.212/2020 of Channammanakere

Achukattu Police Station, Bengaluru City, registered for offences

punishable under Sections 409, 420 r/w 34 of IPC.

2.

I have heard the learned counsel for petitioner and

the learned HCGP for respondent/State.

3.

In the complaint dated 30.11.2020, lodged by the

Chief Manager, Central Bank of India, Katriguppe Branch,

Bengaluru, it is alleged that the complainant bank has been

lending gold loan against pledging of gold ornaments for which

the regional office at Bengaluru on 25.12.2012 had appointed

the petitioner as a gold appraiser for valuing and checking the

purity of the gold ornaments before lending. On 23.07.2017, he

introduced accused Nos.2 and 3 for the purpose of availing gold

loans and the said persons have pledged fake gold ornaments,

which were fraudulently certified and appraised to be original

gold ornaments by petitioner herein. It is alleged that the total

outstanding loan amount was Rs.34,68,249-47. Thus it is

alleged that the petitioner has intentionally cheated the bank

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colluding with accused Nos.2 and 3 and committed offences

under Sections 409, 420 r/w 34 of IPC.

4.

The learned counsel for the petitioner would contend

that the petitioner is innocent and the entire allegations are

false. He contends that the petitioner is a gold appraiser in

Central Bank of India, State Bank of India and Indian Bank for

the past 10 years and he has been doing his job diligently

without any complaint whatsoever. He submits that it could be a

bona fide mistake and it can not be said that there was any

intention for the petitioner either to commit cheating or other

offences as alleged. He submits that the petitioner is a

permanent resident of Bengaluru and there are no bad

antecedent against him. He is ready and willing to abide by

conditions that may be imposed by this Court. Accordingly,

prays to allow the petition.

5.

The learned HCGP contends that the investigation is

still in progress. The petitioner has colluded with accused Nos.2

and 3 and certified the fake gold ornaments as original gold

ornaments on the basis of which loan was advanced to accused

Nos.2 and 3. He submits that there is a prima facie case made

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out against the petitioner and therefore, seeks to reject the

petition.

6.

It is not in dispute that the petitioner was appointed

as a gold appraiser in the complainant bank on 25.02.2012.

Except

the

present

complaint

there

are

no

other

allegations/complaint against the petitioner. According to the

petitioner, it may be a bona fide mistake committed by the

petitioner, without any intention of cheating the complainant

bank. Whether the petitioner has colluded with accused Nos.2

and 3 and whether there was any intention on his part to ch