- 1 - NC: 2025:KHC:3640 CRL.P No. 611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 611 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR. MOHAMMAD SHAHABAD SON OF ABDUL RAJAQ, AGED ABOUT 24 YEARS, RESIDING AT NO.6TH CROSS, CHATRA GROUND, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577 550. 2. MR. N.IBRAHIM SON OF NOOR AHAMAD, AGED ABOUT 24 YEARS, RESIDENT OF KARGAL VILLAGE, JOGE ROAD, SAGARA TALUK, SHIVAMOGGA DISTRICT-577 401. …PETITIONERS (BY SRI. SHANKAR H.S., ADVOCATE) AND: STATE OF KARNATAKA SOMWARPET POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS ON REGULAR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3640 CRL.P No. 611 of 2025 BAIL IN CRIME NO.152/2024 OF SOMWARPET POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 309(6) OF THE BHARATIYA NYAYA SANHITA, 2023, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND J.M.F.C COURT, SOMAWARPET, KODAGU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred by accused Nos.2 and 3 praying to enlarge them on bail in Crime No.152/2024 of Somwarpet police station registered for an offence punishable under Section 309(6) of BNS, 2023. 2. Heard both the sides and perused the material on record. 3. In the complaint lodged by one Smt.Theertha K.H., she has alleged that on 23.11.2024 at about 10.15 am while she was in her shop i.e., Kumara Lingeshwara Hardware, situated in Alekatte road, a person came and took change for Rs.100/-. About 2 hours later, - 3 - NC: 2025:KHC:3640 CRL.P No. 611 of 2025 at about 12.15 pm, again the same person came and after some time two more persons came to her shop on the pretext of purchasing some pipes. One of them snatched her gold mangalya chain from her neck, weighing about 65 gms. and cash of Rs.23,700/- from the drawer and all of them fled away. 4. Accused Nos.1 and 2 came to be arrested on 23.11.2024 and accused No.3 on 24.11.2024. From accused No.1, gold mangalya chain weighing 65 grams, from accused No.2, cash of Rs.23,700/- and from accused No.3, a bike and two mobile phones are recovered. 5. Petitioners herein are accused Nos.2 and 3 respectively. It is contended by the learned High Court Government Pleader that the accused have been identified by the complainant in the test identification parade and therefore, there is a prima facie case against them. He contended that if the petitioners are enlarged on bail, they may commit similar offences. - 4 - NC: 2025:KHC:3640 CRL.P No. 611 of 2025 6. According to prosecution, the accused committed robbery in the shop of the complainant and took away a gold chain weighing 65 gms. and cash of Rs.23,700/-. The said articles have been recovered. 7. The accused were not armed at the time of incident. Gold chain is recovered from accused No.1. Petitioners are arrested and interrogated. They are not required for further interrogation. They have no criminal antecedents. They have undertaken to furnish sufficient surety to ensure their regular presence before the trial Court. It is no doubt, the offence committed by the petitioners are heinous in nature. However, considering that they have no criminal antecedents and they are already interrogated and not required for further interrogation, by imposing stringent conditions, they can be admitted to bail. Hence, the following: ORDER 1. Petition is allowed. - 5 - NC: 2025:KHC:3640 CRL.P No. 611 of 2025 2. Petitioners/accused Nos.2 and 3 in Crime No.152/2024 of Somwarpet Police Station, pending on the file of the Court of Prl. Civil Judge (Jr.Dn) & JMFC, Somawarpet, Kodagu, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two sureties, out of which one shall be solvent surety, to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall mark their attendance before the jurisdictional police on the - 6 - NC: 2025:KHC:3640 CRL.P No. 611 of 2025 1st and 15th of every month between 2.00 pm and 3.00 pm for a period of 3 months. 6. They shall appear before the trial Court regularly on all dates of hearing. Prosecution is at liberty to move for cancellation of bail, if the above conditions are violated. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 38 Ct:ra