- 1 - NC: 2025:KHC:4516 CRL.P No. 1238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1238 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: BHARATH @ BHARATH KUMAR, S/O GURUNATH, AGED ABOUT 32 YEARS, R/AT BEHIND INDIRA BUS STAND, VALMEEKI CIRCLE, KOTE, HINDUPUR TOWN, ANANTAPUR, ANDHRA PRADESH - 515 201. …PETITIONER (BY SRI. RAJATH, ADVOCATE) AND: THE STATE OF KARNATAKA BY THE POLICE OF BADAVANAHALLI P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO ORDER DIRECTING THE INVESTIGATING OFFICER IN CR.NO.42/2024 REGISTERED BY THE RESPONDENT NO.1 BADAVANAHALLI POLICE TO ENLARGE THE PETITIONER WHO HAS BEEN ARRAIGNED AS ACCUSED NO.3, REGISTERED FOR Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:4516 CRL.P No. 1238 of 2025 THE OFFENCE P/U/S 413 OF IPC, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (Sr.Dn) AND JMFC COURT, MADHUGIRI, TUMAKURU DISTRICT, ON AN ORDER OF ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST. 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 and perused the material on record. 2. FIR in Crime No.42/2024 of Basavanahalli Police Station, Tumakuru came to be registered against two un-known persons on a compliant lodged by one Manjamma, for the offence punishable under Section 392 of IPC. 3. It is alleged that, on 13.04.2024 at about 08:00 a.m., when the complainant was proceeding by walk near Vitalapura Cross, Madhugiri, two persons came - 3 - NC: 2025:KHC:4516 CRL.P No. 1238 of 2025 on a two wheeler and snatched the gold chain and the ear studs she was wearing, as well as vanity bag in which she had kept her mobile phone. 4. Accused No.1 was arrested on 10.06.2024 and accused No.2 was arrested on 27.08.2024. Gold chain, ear studs as well as the two wheeler and a mobile phone were recovered from the said accused. 5. Charge sheet is filed for offences punishable under Section 394, 413 and 201 read with Section 34 of IPC, wherein the petitioner is arraigned as accused No.3. 6. Learned High Court Government Pleader has contended that the petitioner has been habitually receiving the stolen gold articles and there are several cases registered against him. 7. Learned counsel for the petitioner has contended that in the case on hand, there is no recovery whatsoever at the instance of the petitioner and therefore, he shall be presumed to be innocent at this stage. It is also submitted that during the course of investigation, - 4 - NC: 2025:KHC:4516 CRL.P No. 1238 of 2025 petitioner has co-operated with the police, and he was not arrested. 8. In this case, the offence alleged against the petitioner is one under Section 413 of IPC, the punishment prescribed for the said offence is imprisonment for life or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine. However, the prosecution has to establish that the petitioner habitually receives or deals in property which he knows or has reason to believe to be stolen property. 9. Petitioner has undertaken to furnish solvent surety to ensure his regular presence before the Trial Court and to co-operate with the investigation of the case. Hence, the following:- ORDER i) Petition is allowed. ii) Petitioner / accused No.3 in Crime No.42/2024 of Basavanahalli Police Station, Tumakuru shall be released in the event of his arrest subject to following conditions: - 5 - NC: 2025:KHC:4516 CRL.P No. 1238 of 2025 a) He shall appear before the Investigating Officer within a period of two weeks from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum out of which one shall be a solvent surety. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address. c) He shall be available for the purpose of further investigation, if any and shall co-operate with the investigation. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. f) He shall not indulge himself in committing any offence. g) He shall mark his attendance before the Jurisdictional Police on every Sunday - 6 - NC: 2025:KHC:4516 CRL.P No. 1238 of 2025 between 11:00 a.m., and 01:00 p.m., for a period of three months. (iii) Violation of any of the conditions, shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 18 CT: BHK