- 1 - NC: 2025:KHC:3216 CRL.P No. 514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 514 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. SYED RIYAZ @ BABA S/O SYED IMTIYAZ, AGED ABOUT 36 YEARS, R/AT NO.229, NEAR URDU SCHOOL, AVALAHALLI, ANJANAPURA, BENGALURU-560 062. …PETITIONER (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE) AND: STATE OF KARNATAKA BY BASAVANAGUDI PS, BENGALURU CITY REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU–560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN C.C.NO.32401/2024 (CR.NO.100/2024 REGISTERED BY BASAVANAGUDI PS) PENDING ON THE FILE OF 2ND ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 309(4) OF BNS. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3216 CRL.P No. 514 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/accused No.1 has preferred this petition seeking regular bail in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru registered for an offence punishable under Section 309 of BNS, 2023. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. As per complaint lodged on 30.7.2024 by one Smt. Uma B.S., while she was near Sumero Apartment, two unknown persons aged about 30-35 years came on a Pulsar two wheeler and snatched the gold chain from her neck and sped away in their vehicle. 4. Accused Nos.1 and 2 came to be arrested on 04.08.2024. Gold chain was recovered at the instance of accused No.2 from his wife on 13.08.2024. - 3 - NC: 2025:KHC:3216 CRL.P No. 514 of 2025 5. Learned High Court Government Pleader has contended that the victim has identified the gold chain as well as the accused and therefore, there is a prima facie case against the petitioner. He further contended that the petitioner is a habitual offender involved in five more cases. 6. The petitioner is arraigned as accused No.1. The incident took place on 30.07.2024. Both accused Nos.1 and 2 were arrested on 04.08.2024. However, alleged recovery is affected on 13.08.2024. 7. According to prosecution, the gold chain was handed over by the petitioner to accused No.2 and in turn the said accused gave the chain to his wife. 8. Learned counsel for the petitioner, drawing the attention of the Court to the statement of the victim recorded on 13.08.2024 has contended that the victim has not identified the accused, on the other hand, it is the police who showed the accused to the victim and told her that they are the culprits. - 4 - NC: 2025:KHC:3216 CRL.P No. 514 of 2025 9. This Court in Crl.P.No.13210/2024 has enlarged accused No.2 on bail by imposing conditions. There is no recovery from the petitioner is concerned. 10. Considering the above facts and circumstances, petitioner can be released on bail by imposing conditions. Hence, the following: ORDER a. Petition is allowed. b. Petitioner/accused No.1 in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru, pending in CC No.32401/2024 on the file of the Court of II Additional Chief Metropolitan Magistrate, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 5 - NC: 2025:KHC:3216 CRL.P No. 514 of 2025 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall mark his attendance before the jurisdictional police station on every Sunday between 11.00 a.m. and 1.00 p.m. for a period of three months. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/TL List No.: 1 Sl No.: 42 Ct: ra