- 1 - NC: 2025:KHC:4030 CRL.P No. 251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 251 OF 2025 (438 (Cr.PC)/ 482(BNSS)) BETWEEN: SAGAR S/O JAWARAIAH, AGED ABOUT 23 YEARS, RESIDING AT NO.342, 1ST MAIN BEHIND MARAMMA TEMPLE, CHANDRAPPA ROAD, KAMALANAGARA BENGALURU-560 079. …PETITIONER (BY SRI. RAJU C N.,ADVOCATE) AND: STATE BY BAGALAGUNTE POLICE BENGALURU, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE -560001 …RESPONDENT (BY SRI.HARISH GANAPATHY, HCGP) THIS CRL.P FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN C.C.NO.27993/2023 ON THE FILE OF 31ST A.C.M.M AT BENGALURU ARISING OUT OF CR.NO.205/2023 OF BAGALAGUNTE POLICE BENGALURU FOR THE OFFENCE P/U/S 397, 201 OF IPC. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4030 CRL.P No. 251 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is before this Court in this petition seeking anticipatory bail in Cr.No.205/2023 of Bagalagunte police station registered for the offence punishable under Sections 397 of the Indian Penal Code. 2. Heard both sides and perused the material on record. 3. The above mentioned crime is registered on a complaint lodged by Sri. Sagar Balasaheb Nagawade against three unknown persons. 4. It is the case of prosecution that on 13.07.2023, at about 11:25 p.m., accused with an intention to commit robbery, travelled in an auto-rickshaw bearing registration No.KA-02-AJ-1876 belonging to accused No.2 and waylaid the lorry of CW.1, in which onions were loaded. Accused No.3 kept watch at a distance and accused No.2 kept the auto engine on. Accused No.1 and the child in conflict with law (CCL) entered - 3 - NC: 2025:KHC:4030 CRL.P No. 251 of 2025 the cabin of lorry holding a knife and robbed a sum of Rs.5,000/-, two mobile phones and power bank from CW.1 and all of them escaped. The two mobile phones and power bank were thrown by the accused near Sammnahalli bridge. 5. On 08.08.2023, accused Nos.1 to 3 came to be arrested and on 17.08.2023, CCL came to be arrested in connection with Cr.No.221/2023 of Peenya Police Station registered for the offence punishable under Section 397 of IPC. The auto-rickshaw which was used in the present case and a knife as well as cash of Rs.5,000/- which was in the possession of accused No.2 were seized. 6. Petitioner is arraigned as accused No.3 in the charge sheet. In so far as Cr.No.221/2023 is concerned, charge sheet has been filed, wherein his name is dropped. In the present case, there is no recovery from the exclusive possession of the petitioner. No criminal antecedents against him are brought to the notice of the Court. 7. Learned HCGP has contended that victim has identified the accused persons after their arrest. However, it is pertinent to see that the incident took place during night hours - 4 - NC: 2025:KHC:4030 CRL.P No. 251 of 2025 at about 11:25 p.m., According to prosecution, only accused No.1 and the CCL entered the lorry, while the petitioner and another accused were in the auto-rickshaw and watching the movements of others. 8. There are no criminal antecedents against petitioner which are brought to the notice of the Court. In the said facts and circumstances, the relief sought can be granted by imposing conditions. Accordingly, the following:- ORDER Petition is allowed. Petitioner/accused No.3 in Crime No.205/2023 registered by Bagalagunte Police Station, shall be released in the event of his arrest, subject to following conditions: a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum. - 5 - NC: 2025:KHC:4030 CRL.P No. 251 of 2025 b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. c) He shall co-operate with the investigation of the case. d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. Sd/- (MOHAMMAD NAWAZ) JUDGE HJ List No.: 1 Sl No.: 32