I checked this with kernel version 5.10 and the result is the same as with kernel 6.0. I can use the kernel driver i2c-gpio on other gpio pins (for instance 37 and 40) but not on pins 3 and 5. I attached the overlay which worked for pins 37 and 40, the lines with 3 and 5 are commented out.
i2c-xx-gpio.dts