- 1 - NC: 2025:KHC:6515 CRL.P No. 1371 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1371 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: GURUPRASAD R S/O RAMU, AGED ABOUT 32 YEARS, R/O NO.#54, IST MAIN, NEAR PVP SCHOOL, JNANAGANGA NAGAR, MARIYAPPANA PALYA, BANGALORE SOUTH-560 056. …PETITIONER (BY SMT. RASHMI M.S., ADVOCATE) AND: THE STATION HOUSE OFFICER JNANABHARATHI POLICE STATION, BANGALORE-560056 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO PASS ORDERS DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.516/2024 JNANABHARATI POLICE STATION FILED BEFORE ON 6TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 305, 331(3), 331(4) OF BHARATIYA NYAYA SANHITA. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6515 CRL.P No. 1371 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 Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 2. Regarding theft committed in the house of one Shreenivas S/o Kengalegowda on 14.12.2024 between 12.30 – 9.15 p.m., he lodged a complaint with Jnanabharathi Police, based on which a case in Crime No.516/2024 was registered against unknown person for offences punishable under Section 305, 331(3), 331(4) of BNS, 2023. 3. Apprehending arrest, petitioner preferred a petition seeking anticipatory bail before the Sessions Court in Crl.Misc No.11973/2024, which was dismissed vide order dated 15.01.2025. - 3 - NC: 2025:KHC:6515 CRL.P No. 1371 of 2025 4. It is contended by the learned counsel that the petitioner is innocent of the alleged offence, but the police are making hectic efforts to arrest him. He contended that there is no nexus of any kind between the petitioner and the incident and there was no necessity for the petitioner to commit theft. He further contended that the offence alleged are not punishable with capital punishment, petitioner is ready and willing to cooperate with the investigation of the case and abide by any conditions. 5. The complainant has given the details of gold and silver articles worth Rs.4,50,000/-, stolen from his house which are as under: (i) One gold karimani chain weighing 30 grams (ii) Gold karimani chain weighing 10 grams; (iii) Three pairs of ear studs weighing 15 grams; (iv) One pair of ear stud weighing 4 grams; (v) One silver pot weighing 300 grams; (vi) One silver pot weighing 150 grams; (vii) One silver mask weighing 150 grams; (viii) One silver plate weighing 500 grams; - 4 - NC: 2025:KHC:6515 CRL.P No. 1371 of 2025 (ix) Two silver lamp weighing 60 grams. 6. The learned High Court Government Pleader has contended that during investigation, from C.C.Tv footages it has been revealed that the petitioner has committed theft. He contended that the petitioner is involved in another case in Crime No.169/2017 registered at Jnanabharathi Police Station under Section 143, 148, 120B, 307, 506 r/w 149 of IPC. The chance finger prints collected from the scene of offence has matched with the finger prints of the accused. He has therefore, contended that there is a prima facie case against the petitioner and if anticipatory bail is granted, he may not cooperate with the investigation of the case and it will be difficult to recover the stolen articles. 7. From the material collected during investigation, there is a prima facie case against the petitioner. The gold and silver articles stolen from the house of the complainant have to be recovered. As rightly contended, if the petitioner is granted anticipatory bail, it - 5 - NC: 2025:KHC:6515 CRL.P No. 1371 of 2025 will be difficult to recover the stolen articles. Petitioner is required for custodial interrogation. Hence, he is not entitled for anticipatory bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 40 Ct:ar