Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9878 CRL.P No. 2815 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2815 OF 2025 BETWEEN:
MISS. PALLAVI K D/O KRISHNAPPA AGED ABOUT 20 YEARS R/AT. BEHIND UNION RODWAYS GODWON, NEAR TCI BUS STOP MADANAYAKANAHALLY, DASANAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 562162. …PETITIONER (BY SRI ABHAY RAJIV SHIVAM, ADV., FOR SRI SANTOSH S. NAGARALE, ADV.) AND:
STATE OF KARNATAKA BY MADANAYAKANAHALLY POLICE STATION, BENGALURU - 562 162 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL FOR THE FIR IN CRIME NO.0002/2025 REGISTERED BY RESPONDENT THE POLICE i.e, MADANAYAKNAHALLY POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 3(5), 316(2), 318(4) 336(2) 336(3), 351(2), 351(3), 352, AND 61(2) OF BHARATIYA NAYA SANHITA, 2023 PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA.
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:9878 CRL.P No. 2815 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER
1. Accused No.2 in Crime No.2/2025 registered by Madanayakanahalli Police Station, Bengaluru, for the offences punishable under Sections 3(5), 316(2), 318(4), 336(2), 336(3), 351(2), 351(3), 352 and 61(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.2/2025 was registered by Madanayakanahalli Police Station, Bengaluru, for the aforesaid offences against Anil and the petitioner herein on the basis of the first information dated 02.01.2025 received from Kumari Nischita. During the course of investigation of the case, accused were arrested on 03.01.2025 and subsequently, remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.113/2025 was rejected on 04.02.2025. Therefore, she is before this Court.
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NC: 2025:KHC:9878 CRL.P No. 2815 of 2025
4.
Learned counsel for the petitioner submits that accused No.1 has been granted regular bail by this Court in Crl.P.No.1983/2025. Petitioner is a lady aged about 20 years having no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the petition however does not dispute the submission made by learned counsel for the petitioner. 6. This Court has granted regular bail to accused No.1 in Crl.P.No.1983/2025 by order dated 03.03.2025. In paragraph No.7 of the said order, it has been observed as follows:-
"7. A perusal of the first information submitted on 02.01.2025 would reveal that the first informant is the owner of a petrol bunk and accused Nos.1 and 2 were employed in the said petrol bunk as Manager and Accountant respectively in the month of February, 2024 and in the first information, it is mentioned that in the month of March, 2024, itself first informant had found that the accused persons had misappropriated certain amounts in the petrol bunk and when questioned, they had assured to set right his accounts. Even thereafter, their services
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NC: 2025:KHC:9878 CRL.P No. 2815 of 2025
were continued in the petrol bunk and ultimately in the month of August, 2024, their services were terminated. However, first information is belatedly filed in the present case on 02.01.2025. The allegation against accused persons is that they have totally misappropriated a sum of Rs.48 lakhs in the petrol bunk while they were in service from February, 2024 to August, 2024. Investigation in the case is completed and charge sheet has been filed. It is not in dispute that the petitioner has no other criminal antecedents…". 7. The reasoning assigned by this Court while granting bail to accused No.1 is squarely applicable to the case of the petitioner. Undisputedly, petitioner has no other criminal antecedents and she is a lady aged about 20 years, who is in custody from 03.01.2025. Accordingly, the following order:-
8. The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.2/2025 registered by Madanayakanahalli Police Station, Bengaluru, for the offences punishable under Sections 3(5), 316(2), 318(4), 336(2), 336(3), 351(2), 351(3), 352 and 61(2) of BNS, 2023, subject to the following conditions:
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NC: 2025:KHC:9878 CRL.P No. 2815 of 2025
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 Court unless the Trial Court exempts her 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 her is
disposed off.
Sd/- (S VISHWAJITH SHETTY) JUDGE
DN