NISSAR AHAMMED S/O MAHAMMAD RAFIQ SARKAVAS vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18147
CRL.P No.102625 of 2026
CNR: KAHC020179602026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL PETITION NO.102625 OF 2026
(438(CR.PC)/482(BNSS)
BETWEEN:
NISSAR AHAMMED
S/O MAHAMMAD RAFIQ SARKAVAS,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. J.K-8, MAIN ROAD,
AMMANKOPPA, JOGANKOPPA,
TQ: HALIYAL,
DIST: UTTARA KANNADA-581329.
… PETITIONER
(BY SRI. M.A. PATHAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
(THROUGH HALIYAL POLICE STATION,
UTTARA KANNADA)
R/BY HCGP HIGH COURT BENCH,
DHARWAD HIGH COURT BUILDING,
BENCH DHARWAD-580011.
… RESPONDENT
(BY SRI. DAYANAND SANGRESHI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF BNSS,
PRAYING TO GRANT ANTICIPATORY BAIL TO THE ABOVE NAMED
PETITIONER/ACCUSED NO.2 IN HALIYAL POLICE STATION CRIME
NO.179/2026 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTION 318(4), 316(2), 61(2) R/W. SECTION 3(5) OF THE
BHARATIYA NYAYA SANHITA AGAINST THE PETITIONER WHICH IS
PENDING ON THE FILE OF LEARNED PRL. CIVIL JUDGE (JR.DN.) AND
JMFC., COURT, HALIYAL, UTTARA KANNADA.
THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
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HC-KAR
NC: 2026:KHC-D:18147
CRL.P No.102625 of 2026
CNR: KAHC020179602026
CORAM: HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
Heard Sri M.A.Pathan, learned counsel for petitioner and
Sri Dayanand Sangreshi, learned High Court Government
pleader for respondent – State.
2. This petition is filed by the petitioner/accused No.2
under Section 482 of Bharatiya Nagarik Suraksha Sanhita,
2023 (Section 438 of Cr.P.C.) seeking anticipatory bail in
connection with Crime No.179/2026 of Haliyal Police Station,
Karwar, Uttara Kannada District, registered for the offences
punishable under Sections 318(4), 316(2), 61(2) read with
Section 3(5) of BNS, 2023, pending on the file of learned
Principal Civil Judge (Jr.Dn) and JMFC Court, Haliyal, Uttara
Kannada District.
3. Brief facts of the case of the prosecution are as
under:
The defacto complainant has lodged a complaint to the
respondent-police alleging that the de facto complainant is the
Branch Manager of ICICI Bank and accused No.2 was appointed
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NC: 2026:KHC-D:18147
CRL.P No.102625 of 2026
CNR: KAHC020179602026
as an Authorized Gold Appraiser by the Bank in the year 2022.
On the basis of the appraisal report of accused No.2, the Bank
sanctioned Gold Loan in favour of accused No.1. On
24.12.2025, during the course of Super Audit conducted by the
Bank, another Gold Appraiser by name Shankar examined the
gold ornaments pledged with the Bank and found that one
Mangalya Sara weighing 73 grams pledged by accused No.1
was fake. Accused No.1 had pledged the said gold ornaments
on 26.08.2025 and borrowed loan of ₹3,55,800/-. Thus, the
defacto complainant lodged the complaint. This led to
registration of FIR and investigation. Apprehending the arrest
at the hands of respondent-police, the petitioner approached
the learned Sessions Court in Criminal Misc.No.5232/2026. In
turn, the learned Sessions Judge dismissed the anticipatory bail
petition. Hence, the petitioner is before this Court.
4. Learned counsel for the petitioner vehemently
contended that the petitioner is falsely implicated in the case
and he has not committed any offence. He is innocent of the
alleged offence. The petitioner has been working as an
authorized gold appraiser and in discharge of his professional
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CRL.P No.102625 of 2026
CNR: KAHC020179602026
duties, he assessed the gold ornaments on the basis of physical
examination and appraisal without any intention to cheat the
Bank or cause wrongful loss to it. Further, there is no material
to establish that the petitioner had entered into any criminal
conspiracy with accused No.1 and there is no prior criminal
intimidation. The petitioner undertook to abide with the
conditions to be imposed by this Court. On all these grounds,
the learned counsel for petitioner prayed to allow the petition.
5. Per contra , learned HCGP vehemently contended
that there is a prima facie case against the petitioner. It is
further contended that, he has issued false appraisal statement
knowing that the gold was fake. Hence, he is not entitled for
bail and prayed to dismiss the petition.
6. The perusal of the material available on record
clearly demonstrate that accused No.1 is the principal borrower
who borrowed gold loan by pledging Mangalya chain of his wife
with the Bank and subsequently it came to know that the gold
pledged by him was fake. The only allegation against the
petitioner/accused No.2 is that based on his appraisal
statement, loan was sanctioned. During trial, the prosecution
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CRL.P No.102625 of 2026
CNR: KAHC020179602026
must establish that, the gold appraiser has colluded with the
borrower to deliberately, pass off fake or gold plated ornaments
as genuine. If the prosecution able to prove its case, thus, the
Bank is at liberty to seize the appraiser’s personal assets or
security deposits to recover the outstanding, loan amount and
interest. The investigation is under progress. The alleged
offences are not punishable with death or imprisonment for life.
Considering the nature and gravity of the offence and the fact
that the petitioner has no criminal incidents and he is a
permanent resident of the address mentioned in the cause title
and he is ready to co-operate with the investigation agency,
this Court is of the considered opinion that the petitioner is
entitled to be enlarged on bail.
7. It is well established principles of law that while
granting bail, the Court has to consider the nature of the
offence, circumstances in which the offence is committed,
position and status of the petitioner with reference to the victim
and witnesses, likelihood of fleeing away from justice, of
repeating same offences by the petitioner. The possibility of
tampering with the witnesses, character and antecedents of the
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CRL.P No.102625 of 2026
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petitioner. Further, the law is well settled that while disposing
of the bail petition, the Court need not scan the prosecution
papers and hold mini trial.
8. Keeping all these factors in mind, when the Court
goes through the entire material placed on record, it can be
said that prima facie there are no reasonable and sufficient
grounds to believe, at this stage, that the petitioner is guilty of
the offences alleged against him. Therefore, the petitioner is
entitled for bail.
9. Accordingly, the Court proceeds to pass the
following:
ORDER
allowed
The criminal petition is .
Petitioner – accused No.2 is ordered to be released on
bail in the event of his arrest in Crime No.179/2026 of Haliyal
Police Station, Karwar, Uttara Kannada District, registered for
the offences punishable under Sections 318(4), 316(2), 61(2)
read with Section 3(5) of BNS, 2023, pending on the file of
learned Principal Civil Judge and JMFC Court, Haliyal, Uttara
Kannada District, subject to following conditions.
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CRL.P No.102625 of 2026
CNR: KAHC020179602026
(i) Petitioner shall execute a personal bond for a
sum of Rs.2,00,000/- with a surety of the
likesum to the satisfaction of the Investigating
Officer/SHO.
(ii) Petitioner shall surrender before the
Investigating Officer within 15 days from today
and he shall cooperate with investigation agency.
(iii) Petitioner shall mark his attendance before the
Investigating Officer/SHO on first Sunday of
every month in between 10:00 a.m. and 5:00
p.m. for a period of six months, till the filing of
final report, whichever is earlier.
(iv) Petitioner shall not threaten the complainant or
tamper the prosecution witnesses and he shall
furnish information available with him.
Any violation of the conditions imposed above would
enable the prosecution to seek for cancellation of bail.
It is made clear that the above observations made herein
are only for disposal of the present petition.
Sd/-
(VENKATESH NAIK T)
JUDGE
CLK/CT:GSM
LIST NO.: 1 SL NO.: 19