(Prayer: This Crl.P is filed u/S.438 (filed u/S.482 BNSS) Cr.P.C by the advocate for the petitioner praying that this Honourable Court may be pleased to enlarge the petitioner herein on anticipatory bail in the event of his arrest at the hands of the respondents in relation to matter Bearing Crime No.54/2025 registered with the extension Police Station, Davanagere for the alleged offence u/S.358,418,420,468,469,375,464 of IPC 1860 pending on the file of the II Addl Civil Judge and JMFC Court, Davanagere and etc.)

Oral Order

1. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent/State.

2. The petitioner is seeking anticipatory bail in connection with the complaint registered in Crime No.0054/2025 before the Davangere City Sub-Divisional Police Station.

3. The private complaint is ordered to be investigated by the Judicial Magistrate First Class, Davangere. It is alleged that the petitioner named as accused No.1 in the complaint, has forged the complainant's signature on the pay slip and availed loan projecting the complainant as a surety for the loan availed by the petitioner. And in this behalf, a private complaint is filed and same is ordered to be investigated.

4. The Sessions Court has rejected the application seeking anticipatory bail on the premise that the allegations levelled against the petitioner are serious and there is a likelihood of petitioner absconding or destroying the evidence in the event of bail being granted.

5. Learned counsel for the petitioner would submit that this is the first criminal case filed against the petitioner and there is no apprehension of petitioner destroying the evidence because, the alleged evidence is already with the Bank in which the petitioner is alleged to have availed loan. It is further submitted that petitioner has not committed any offence and false case is levelled against the petitioner.

6. Learned High Court Government Pleader would submit that pursuant to the direction issued by the Judicial Magistrate First Class, Davangere the police have issued notice to the petitioner and petitioner has appeared before the police station once and investigation was not complete. The petitioner was asked to come on other occasions for interrogation and he did not turn up. Thus he would urge that the petitioner may not cooperate for the investigation and it is not a fit case to grant anticipatory bail.

7. The Court has considered the contentions raised at the Bar and perused the records.

8. On perusal of the complaint, it can be noticed that the complaint is filed against the petitioner alleging that he has forged the pay slip of the complainant and based on that, he has availed loan and projected the complainant as the surety. The complainant has stated that the signatures on the pay slip and other documents are not his signatures and even the pay slip is also fabricated and complainant's photo from the WhatsApp profile is misused to create a document relating to surety. Thus, has alleged that the petitioner is guilty of offences under Section 318(4), 318(3), 319, 335, 336, 336(3), 336(4) of Bharatiya Nyaya Sanhita (BNS), 2023.

9. On going through the contents of the complaint, it can be gathered that the offence said to have been committed by the petitioner is on record. The alleged documents are said to be with the financial institutions where the petitioner is said to have availed loan projecting the complainant as surety.

10. This being the position, this Court is the view that anticipatory bail has to be granted to the petitioner subject to the following conditions. Accordingly, the following:

ORDER

          (i) Criminal petition is allowed.

          (ii) The respondent-police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.0054/2025 registered by Davanagere City Sub-Divisional Police Station for the offences punishable under Sections 358, 418, 420, 468, 469, 375 and 464 of the Indian Penal Code (IPC), 1860 pending on the file of II Additional JMFC, Davangere, subject to the following conditions:

          (a) The petitioner shall appear before the investigating officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of ₹1,00,000/- (One lakh only) with two sureties for the like sum to the satisfaction of the investigating officer.

          (b) Petitioner shall not tamper the evidence, shall cooperate for investigation and shall appear before the police station whenever called upon when his presence is required.