- 1 - NC: 2025:KHC:12299 CRL.P No. 3240 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3240 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SANDEEP KUMAR S/O. CHANDRAVEER, AGED ABOUT 40 YEARS, R/AT KERIKURMU SHAMLI DISTRICT, UTTAR PRADESH - 247 776. …PETITIONER (BY SRI. G.M. SHARATH KUMAR, ADV. FOR SRI. MOHAMMED UMMAR FAROOQ., ADV.) AND: STATE OF KARNATAKA BY TIPTUR TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER / ACCUSED NO.2 ON REGULAR BAIL IN S.C.NO.10055/2024 OF CR.NO.175/2024 REGISTERED BY THE TIPTUR TOWN P.S. FOR THE OFFENCE P/U/S 312,3(5) OF BNS ACT 2023 PENDING ON THE FILE OF V ADDL.DISTRICT AND SESSIONS JUDGE AT TIPTUR BY ALLOWING THE APPLICATION. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:12299 CRL.P No. 3240 of 2025 THIS PETITION, COMING ON ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.10055/2024 pending before the Court of V Additional District and Sessions Judge, Tiptur, Tumakuru District, arising out of Crime No.175/2024 registered by Tiptur Town Police Station, Tumakuru, for offences punishable under Sections 312, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') is before this Court under Section 439 of Cr.PC is seeking regular bail. 2. Heard learned counsels for the parties. 3. FIR in Crime No. 175/2024 was registered by Tiptur Town Police Station, Tumakuru, against Sathishkumar and two others for the aforesaid offence on the basis of the first information dated 23.09.2024 received from Tejas, who is alleged victim in the present case. 4. During the course of investigation of the case, petitioner herein was arrested on 24.09.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet has been filed - 3 - NC: 2025:KHC:12299 CRL.P No. 3240 of 2025 against three persons and the petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by the petitioner in S.C.No.10055/2024 before the Jurisdictional Sessions Court which was rejected on 03.02.2025. Therefore, the petitioner is before this Court. 5. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents and he is in custody for the last 6 months. There are no serious allegations against him in the charge sheet and only for the reason that he was found along with accused Nos. 1 and 3, he has been arrested and falsely implicated in the present case. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. He submits that accused Nos.1 and 3 are the persons with criminal antecedents and petitioner hails from Uttar Pradesh state and in the event he is enlarged on bail, it is difficult to secure his presence. Accordingly, he prays to dismiss the petition. 7. Perusal of the averments found in the first information dated 23.09.2024 would reveal that, on - 4 - NC: 2025:KHC:12299 CRL.P No. 3240 of 2025 23.09.2024 at about 9.30 pm when first informant and his friend Madhan were walking on the road near the railway station at Tiptur, three strangers armed with deadly weapons waylaid them and one amongst them tried to snatch the gold chain which was in the neck of first informant. When the first informant and his friend raised their voice, one amongst three ran away and the public who gathered managed to apprehend two persons, who revealed their name as Ananda and Sathiskumar. The apprehended accused are arrayed as accused Nos.1 and 3 in the FIR and petitioner is said to be the person, who had managed to escape from the spot. All the three accused persons named in the FIR were arrested on 24.09.2024 and subsequently, remanded to judicial custody. Investigation of the case is completed and the charge sheet is filed. 8. The charge sheeted offences are not punishable with death or life imprisonment. Undisputedly, petitioner has no other criminal antecedents. Allegation against the petitioner in the charge sheet is that he was present along with accused Nos. 1 and 3 and was holding a deadly weapon. Allegation of attempting to snatch the gold chain from the neck of first - 5 - NC: 2025:KHC:12299 CRL.P No. 3240 of 2025 informant is against accused No.1 and allegation of threatening first information (CW-1) and his friend (CW-2) with deadly weapon is as against accused No.3. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively subject to appropriate conditions that can take care of apprehension expressed by learned High Court Government Pleader. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.175/2024 registered by Tiptur Town Police Station, Tumakuru, for offences punishable under Sections 312, 3(5) of BNS, 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 (of which, atleast one shall be local surety) 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 - 6 - NC: 2025:KHC:12299 CRL.P No. 3240 of 2025 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 them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE SPV List No.: 1 Sl No.: 81