- 1 - NC: 2025:KHC:9995 CRL.P No. 1255 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. 1255 OF 2025 BETWEEN: CHENARAM, S/O BHUNDARAM, (SPELLED AS CHINARAM, S/O DUNDURAM IN THE CASE), AGED ABOUT 31 YEARS, NO.1, SHOP NO.3, 4TH CROSS, VISHVESHWARAIAH LAYOUT MAIN ROAD, SIDEDAHALLI, BANGALORE - 560 073. …PETITIONER (BY SRI. GOPAL SINGH, ADVOCATE) AND: THE STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION, BANGALORE - 560 001. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL IN CR.NO.174/2024, REGISTERED BY THE RESPONDENT Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - NC: 2025:KHC:9995 CRL.P No. 1255 of 2025 COMMERCIAL STREET POLICE STATION, BANGALORE, FOR OFFENCES P/U/S 318(4), 351(2), 351(3) AND 352 OF THE BNS, 2023, PENDING ON THE FILE OF HONBLE X ADDL. CHIEF METROPOLITAN MAGISTRATE COURT MAYOHALL UNIT, BENGALURU, IMPOSING ANY CONDITIONS, FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL FOREVER PRAY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in Crime No.174/2024 registered by Commercial Street Police Station, Bangalore, for the offences punishable under Sections 318(4), 351(2), 351(3) and 352 of the B.N.S., 2023 is before this Court under Section 483 of the B.N.S., 2023 seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.174/2024 was registered by Commercial Street Police Station, Bangalore, against Smt.Shwetha Gowda for the aforesaid offences based on - 3 - NC: 2025:KHC:9995 CRL.P No. 1255 of 2025 the first information dated 09.12.2024 received from one Mr. Sanjay Bafna. 4. During the course of investigation, the petitioner herein was arrested on 18.12.2024 and subsequently, remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Mis.No.25008/2025 was rejected on 21.01.2025. Therefore, the petitioner is before this Court. 5. Learned Counsel appearing for the petitioner submits that the petitioner has no other criminal antecedents and the allegation against him is that accused No.1 had pledged with him the gold ornaments, which are the subject matter of this crime. The petitioner's name is not found in the FIR. Investigation of the case is completed and chargesheet is filed. Accordingly, he prays to allow this petition. - 4 - NC: 2025:KHC:9995 CRL.P No. 1255 of 2025 6. Per contra, learned HCGP who has opposed the petition does not dispute the submission made the learned Counsel for the petitioner. 7. FIR in Crime No.174/2024 was registered by Commercial Street Police Station, Bangalore, for the aforesaid offences initially as against Smt.Shwetha Gowda. The petitioner's name is not found in the FIR. In the first information dated 09.12.2024 submitted by Mr. Sanjay Bafna, he has stated that accused/Shwetha Gowda owns a jewellary shop known as Navarathna Jewels situated at Avenue Road, Bangalore and she used to come to the jewellery shop of the first informant and purchase gold jewellery. Accused/Shwetha Gowda used to take the gold jewellery from the shop of the first informant on the pretext of showing the same to her housemates and thereafter she used to return the gold jewellery or purchase some of them. For the period from 26.08.2024 to 08.11.2024, accused/Shwetha Gowda had allegedly taken old jewellery worth Rs.2,42,64,800/- from the - 5 - NC: 2025:KHC:9995 CRL.P No. 1255 of 2025 jewellery shop of the first informant after signing the approval voucher, but thereafter did not return the gold jewellery and when the first informant made a request to return the gold jewellery, she allegedly threatened him of dire consequences. Therefore, the first informant approached the police on 09.12.2024. 8. During the course of investigation, accused/Shwetha Gowda was arrested and based on her confession statement, the petitioner herein with whom she had allegedly pledged the gold jewellery taken by her from the shop of the first informant was also arrested and based on his statement, the gold jewellery pledged by accused/Shwetha Gowda with him was also recovered in part. Except the aforesaid allegation, there are no other allegations as against the petitioner. Undisputedly, the petitioner had no other criminal antecedents. Investigation of the case has been completed and chargesheet has been filed. The alleged offences are triable by the court of magistrate and the maximum punishment for the - 6 - NC: 2025:KHC:9995 CRL.P No. 1255 of 2025 aforesaid offences is imprisonment for a period of 7 years. Under the circumstances, I am of the view that, without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for the grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.174/2024 registered by Commercial Street Police Station, Bangalore, for the offences punishable under Sections 318(4), 351(2), 351(3) and 352 of the B.N.S., 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial - 7 - NC: 2025:KHC:9995 CRL.P No. 1255 of 2025 Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE HDK List No.: 1 Sl No.: 51 CT: BHK