KABC010088752024
IN THE COURT OF THE LXIII ADDL.CITY CIVIL &
SESSIONS JUDGE (CCH-64) AT BENGALURU
Dated this the 6th day of April 2024
: PRESENT :
Sri.A.V.Patil, B.Com., LL.B.,
LXIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY.
CRIMINAL MISCELLANEOUS NO.3144/2024
PETITIONERS
: 1.

2.

Smt.Nikitha Jain
W/o Kumarpal Jain,
Aged about 37 years,
Narapatraj.G
S/o Late.Dhigarmal.G,
Aged about 66 years,
Both are residing at No.804,
Anand Platinum Apartment,
Bull Temple Road,
Basavanagudi,
Bengaluru – 560 042.

3.

Gopalakrishna.K
S/o Krishnamurthy E.V.,
Aged about 36 years,
Residing at No.33/13,
3rd Cross, Nagasandra
Main
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Crl.Misc.No.3144/2024
Road, Opp. To Anjaneya Temple,
Thyagaraja Nagara,
Bengaluru – 560 028.
(By Sri.Mani Shanmugam Yadav,
Advocate)
– Vs RESPONDENT
State by Govindaraja Nagara
Police Station, Bengaluru.

:
(By Public Prosecutor)
ORDER
The petitioners have filed this petition u/s 438 of
Cr.P.C., for their release on bail in the event of their
arrest
in
connection
with
a
case
registered
in
Cr.No.119/2024 of respondent/Police for the offence
punishable u/s 420 of IPC.
2.

It is stated in the bail application that the
petitioners are innocent and have not committed any
offences as alleged in the complaint. Petitioner No.1 is
a pregnant lady and having a small child with her and
petitioner No.2 is aged person and they hail from a
respectable family and petitioner No.3 is a respected
person in the society and he has wife and children with
him and he is a sole bread earner to the family and
deep rooted in the Society. On the day of pledging the
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Crl.Misc.No.3144/2024
gold, the appraiser of the Bank had checked the gold
ornaments and after due verification the Bank has
granted gold loan and the petitioners have also certain
amount i.e., nearly Rs.32,95,000/- still three months
time is there to take back the gold, but it is surprising
and shocking to the petitioners that without the
knowledge and consent of the petitioners, Bank officials
have acted against the law which clearly shows that the
petitioners have not committed any offences as alleged.
The offences alleged against the petitioners are not
exclusively
punishable
either
with
death
or
imprisonment for life. They hail from respectable family
and have no bad antecedents.

They are ready and
willing to abide by the terms and conditions imposed
while releasing them on bail. They apprehend their
arrest in view of registering the FIR for non-bailalble
offences. Hence, prayed to grant anticipatory bail.
3.

The learned P.P. has opposed the bail application
by filing the objections statement. According to him, the
materials collected during the investigation prima facie
disclose that the petitioners have committed the
offences alleged against them. Hence, prayed to dismiss
the bail petition filed by the petitioners.

4
5.

Crl.Misc.No.3144/2024
Heard both side. Perused the materials placed on
record.
6.

The points that arise for my consideration are:
1. Whether the petitioners are entitled for
anticipatory bail as prayed in the
application filed under Sec.438 of Cr.P.C.?
2. What order?

7.

My answer to the above points are as follows:Point No.1: in the affirmative
Point No.2: As per final order for the following;
REASONS
8.

Point No.1:-
One Sri.Sudarshan Reddy, Branch
Manager, SBI, Magadi Road Branch, Bengaluru, has
lodged complaint against the petitioners and another on
25.03.2024 alleging that the petitioners and another
have
taken
the
gold
loan
by
pledging
the
gold
approximately to the tune Rs.89 lakhs on various dates.
After receipt of the loan, the petitioners have failed to
pay the regular EMI to the Bank. On suspicion, the
complainant called the penal Appraisers to the Bank to
examine the pledged gold ornaments submitted by the
petitioners. The Bank Appraisers after examination of
the said ornaments opined that it is not possible to
ascertain the purity of the gold with the help of Nitric
5
Crl.Misc.No.3144/2024
Acid and Touch Stone Method and it is necessary to cut
the ornaments. The said fact has been intimated to the
petitioners, at that time they informed that they do not
want to damage the ornaments and they assured to
close
the
15.03.2024,
loan
they
accounts.
have
On
paid
21.02.2024
an
amount
and
of
Rs.14,95,000/- and Rs.18 lakh respectively. The notice
issued to the petitioners to attend the purity test of
ornaments submitted by them, but they fails to appear.
On 18.03.2024, the petitioner No.3 has given consent
letter to cut the ornaments by to ascertain about the
purity of the said ornaments.

On 19.03.2024, when
the ornaments were tested by cutting, it is found that
the said ornaments are not pure gold and the gold plate
were made on the silver ornaments. According to the
complainant, the petitioners and another intentionally
by giving gold plated ornaments cheated the Bank. Still
they are due to pay more than Rs.56 lakhs. Hence, he
has filed the complaint to take suitable action against
the petitioners and another for the offence punishable
u/s 420 of IPC. In view of registering the FIR, the
petitioners apprehend their arrest. Hence, filed this
petition seeking the anticipatory bail.
9.

At the outset it is material to note that though said
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Crl.Misc.No.3144/2024
offence is non-bailable is not punishable with death or
life imprisonment. As per the complaint allegations
before sanction of loan the ornaments pledged by the
petitioners have been tested by two bank appraisers.
Moreover, the petitioners have paid Rs.14,95,000/- and
Rs.18 lakh on 21.02.2024 and 15.03.2024 respectively.
If really the petitioners intends to cheat the bank they
would not have paid the amount. The involvement and
commission of offence by petitioners is yet to be proved.
The truth is to be ascertained during the course of trial.
Moreover, the offences alleged against the petitioners
are triable by Court of Magistrate. The bail is rule and
jail is an exception. The petitioners are ready to furnish
surety and ready to abide by the conditions that may be
imposed by this Court while passing the order. As per
the averments of bail application, the petitioners are
permanent residents of the address shown in the
petition. The offences alleged against the petitioners are
cognizable offences and as per the provisions of Cr.P.C.
the I.O. may arrest the petitioners without warrant. The
apprehension of the prosecution can be taken care of by
putting suitable conditions. Having regards to the facts
and circumstances of the case, gravity of the offences
alleged,
punishment
prescribed
for
them
and
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Crl.Misc.No.3144/2024
apprehension of the arrest of the petitioners by the I.O.
in the considered opinion of this Court the petitioners
are entitled to grant anticipatory bail by imposing
appropriate conditions. Accordingly, I answer this point
in the affirmative.
10. Point No.2:- In view of my findings on Point No.1,
I proceed to pass the following;
ORDER
The bail petition filed by petitioners u/s 438 of
Cr.P.C is hereby allowed and anticipatory bail is
granted.
In the event of their arrest by the I.O. in
Cr.No.119/2024
of
Govindaraja
Nagara
Police
Station, is directed to enlarge them on bail on
executing their personal bond for Rs.70,000/- each
with one surety for like sum subject to following
conditions:
1. Petitioner No.1 to 3 shall appear before the
respondent police within 20 days from the
date of this order.
2. Petitioner No.1 to 3 shall not tamper with the
prosecution witnesses in any manner.
3. Petitioner No.1 to 3 shall appear before the
Court during trial and co-operate for the
disposal of the case.

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Crl.Misc.No.3144/2024
4. Petitioner No.1 to 3 shall not commit similar
to the offence alleged against them.
5. Petitioner No.1 to 3 shall appear before the
I.O. as and when called for investigation.
6. Petitioner No.1 to 3 shall furnish the attested
copy of their respective Adhaar cards and
present residential address proof to the I.O.
Notwithstanding
this
order
of
anticipatory bail do not in any manner limit
or restrict the rights and duties of the Police
or investigating agency, to investigate into
the charges against the petitioners.
(Dictated to the Stenographer Grade-I, typed by her directly on
Computer, taken print out, corrected by me and then pronounced in
the open Court on this the 6th day of April 2024)
(A.V.PATIL)
LXIII Addl. City Civil and Sessions
Judge (CCH-64), Bengaluru City.