- 1 - NC: 2025:KHC:11490 CRL.P No. 3247 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3247 OF 2025 BETWEEN: SRI BHAIRA RAM AGED ABOUT 34 YEARS S/O. BHUNDA RAM RESIDING AT NO.268, 2ND CROSS VISHWESHWARAIAH LAYOUT NAGASANDRA POST BENGALURU - 560 073 AND ALSO AT RAMDEV GOLD PALACE, NO.5/2, RAMDEV COMPLEX THOTADAGUDDADAHALLI MAIN ROAD ANNADANAPPA CIRCLE NAGASANDRA POST BENGALURU - 560 073. …PETITIONER (BY SRI SAMPATH A, ADV.) AND: STATE BY COMMERCIAL STREET POLICE STATION, PULAKESHINAGAR SUB-DIVISION, BENGALURU CITY 560 001 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING DR. AMBEDKAR VEEDI BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11490 CRL.P No. 3247 of 2025 THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.174/2024 DATED 09.12.2024 REGISTERED BY THE RESPONDENT COMMERCIAL STREET POLICE, PULAKESHINAGAR SUB DIVISION FOR THE OFFENCE P/US/ 318(4),351(2),351(3),352 OF BNS 2023 X ACMM AT MAYO HALL, BENGALURU VIDE DOCUMENTS NO.1. 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.3 in Crime No.174/2024 registered by Commercial Street Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 351(2), 351(3) and 352 of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.174/2024 was registered by Commercial Street Police Station, Bengaluru City, for the aforesaid offences against Swethagowda based on the first information dated 09.12.2024 received from Sanjay Bafna. During the course of - 3 - NC: 2025:KHC:11490 CRL.P No. 3247 of 2025 investigation, accused Nos.1 and 2 were arrested and in their remand application, petitioner's name is shown as accused No.3. Apprehending arrest in the case, petitioner had filed Crl.Misc.No.25074/2025 before the jurisdictional Sessions Court which was rejected on 01.02.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits petitioner has no criminal antecedents and he is the owner of jewelry shop known as 'Ramdev Gold Palace'. He is ready and willing to cooperate with the police for the purpose of investigation. 5. Per contra, learned HGCP has opposed the petition. 6. A perusal of the material on record would go to show that in the first information, it is averred that accused No.1 Swetha Gowda used to visit the jewelry shop of the first informant and used to take jewelry from his shop and subsequently used to return the same. It is also stated that she used to purchase some jewelry and it is alleged that during the period from 26.08.2024 and 08.11.2024 accused No.1 Swethagowda had taken jewelry worth about Rs.2,42,64,800/- from the jewelry shop of the first informant but had not returned the same. The - 4 - NC: 2025:KHC:11490 CRL.P No. 3247 of 2025 allegation against accused Nos.2 and 3 is that accused No.1 had pledged the said gold in the jewelry shop of accused Nos.2 and 3. Accused No.2, who was arrested in the present case has been granted regular bail by this Court in Crl.P.No.1255/2025. Undisputedly, petitioner has no other criminal antecedents. The alleged offences are triable by the Court of Magistrate. The maximum punishment for the alleged offences is imprisonment for a period of seven years. The allegation against petitioner is that he had received gold articles from accused No.1. Petitioner has undertaken to co-operate with the police for the purpose of investigation. Considering the nature of allegations as against the petitioner, who is the owner of jewelry shop and also taking into consideration that he has no other criminal antecedents, I am of the opinion that the prayer made by him for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.174/2024 registered by Commercial Street Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 351(2), - 5 - NC: 2025:KHC:11490 CRL.P No. 3247 of 2025 351(3) and 352 of BNS, 2023, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN