- 1 - NC: 2025:KHC:10116 CRL.P No. 751 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 751 OF 2025 BETWEEN: PRASANNA @ PRASANNAKUMARA S/O ASHOKAN AGED ABOUT 38 YEARS OCC GARMENTS EMPLOYEES R/O MAKKA MASJID ROAD DEVASANDRA K R PURAM BENGALURU NORTH PIN - 560 036 …PETITIONER (BY SRI SUYOG HERELE E, ADV.) AND: THE STATE OF KARNATAKA THROUGH CHITRADURGA EXTENSION POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.83/2023 (PENDING ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE (Sr. Dn) AND CJM COURT AT CHITRADURGA) REGISTERED BY CHITRADURGA EXTENSION POLICE STATION, CHITRADURGA DISTRICT, FOR THE ALLEGED OFFENCES P/U/S 120(B), 201, 347, 363, 364(A), 384, 394, 397, 398, 450, 489 OF IPC AND SECTIONS 3 AND 25 OF ARMS ACT 1959. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10116 CRL.P No. 751 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This is a successive bail petition filed by accused no.3 in Crime No.93/2023 registered by Chitradurga Extension Police Station, Chitradurga City, for the offences punishable under Sections 120B, 201, 347, 363, 364A, 384, 394, 397, 398, 450, 489 IPC and Sections 3 & 25 of Arms Act, 1959, under Section 439 Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. Perusal of the material on record would go to show that the petitioner had earlier approached this Court in Crl.P.No.8227/2024 and during the course of argument in the said petition, learned HCGP had brought to the notice of this Court that petitioner is having criminal antecedents and totally seven cases have been registered against him. Learned Counsel for the petitioner after arguing the matter for some time, prayed to dismiss the petition as not pressed, and accordingly, the petition was dismissed as not pressed on 15.11.2024. - 3 - NC: 2025:KHC:10116 CRL.P No. 751 of 2025 4. Learned Counsel for the petitioner has submitted that out of the seven criminal cases registered against him, he has been acquitted in four cases and only three cases are pending against him. He submits that he is in custody from 17.07.2023 and the trial in the case is yet to commence and considering his period of incarceration, he prays to allow the petition. 5. Learned HCGP has opposed the petition and submits that all the accused persons in the present case are persons with criminal antecedents and merely for the reason that petitioner has been acquitted in some of the cases, the same cannot be a ground to enlarge him on bail. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that the first information was initially registered in the present case against unknown three persons who had entered the house of the first informant and committed the crime. During the course of investigation, accused nos.1 to 3 have been arrested and from their possession there is recovery of cash, gold ornaments, etc., which were robbed from the house of the first informant on 08.07.2023. Accused nos.1 & 2 had approached - 4 - NC: 2025:KHC:10116 CRL.P No. 751 of 2025 this Court in Crl.P.No.8451/2023 which was dismissed on 27.09.2023. This Court taking into consideration that accused nos.1 & 2 are habitual offenders involved in multiple cases of similar nature and having appreciated that there is recovery from their possession, had dismissed their petition. Petitioner, who had thereafter approached this Court in Crl.P.No.8227/2024, had prayed to dismiss the petition as not pressed after it was brought to the notice of this Court that he is a person with criminal antecedents and totally seven criminal cases are registered against him which are of similar nature. Based on his submission, Crl.P.No.8227/2024 was dismissed as not pressed on 15.11.2024. This petition is now filed on 16.01.2025 stating that petitioner has been acquitted in some of the cases out of seven criminal cases registered against him and there is delay in trial. 7. The said ground was very much available for the petitioner while he had sought for dismissal of his earlier petition on 15.11.2024. Perusal of the material on record would go to show on the alleged date of crime, petitioner was holding a pistol and he allegedly had threatened the victims in the present case and had committed dacoity in the house of the - 5 - NC: 2025:KHC:10116 CRL.P No. 751 of 2025 first informant. Petitioner is found to be along with accused nos.1 & 2 as against whom there are several criminal case and accused no.2 hails from Bihar State. Petitioner who was granted bail in the criminal cases registered against him earlier, has committed offences punishable with life imprisonment, while on bail. Considering the criminal antecedents of the petitioner who is involved in committing similar offences, chances of he indulging in committing similar offences in future, cannot be ruled out. Under the circumstances, I am of the opinion that his prayer for grant of regular bail, at this stage, cannot be entertained. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK