- 1 - NC: 2025:KHC:13653 CRL.P No. 3523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3523 OF 2025 BETWEEN: C PALANI, S/O CHINNARAJU, AGED ABOUT 47 YEARS, R/AT NO. 135, BHAVANI NAGAR SLUM, K G NAGR, BANGALORE SOUTH, GAVIPURAM EXTENSION, BENGALURU - 560 019. …PETITIONER (BY SMT.SWATHI R BHAT., ADVOCATE FOR SRI. JAYANTHI R.,ADVOCATE) AND: STATE OF KARNATAKA J P NAGAR P S, REP BY STAET PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SMT.PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO RELEASE ON ANTICIPATORY BAIL IN CONNECTION WITH CR.NO.396/2013 (C.C.NO.2399/2017) PENDING BEFORE THE HONBLE COURT OF 2ND ACJM PERTAINING TO THE J.P.NAGAR POLICE STATION FOR THE OFFENCE P/US/ 380, 411, 412, 454 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13653 CRL.P No. 3523 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in C.C.No.2399/2017 pending before the Court of II Additional Chief Judicial Magistrate, Bengaluru, arising out of Crime No.396/2013 registered by Jayaprakash Nagar Police Station, Bengaluru City, for offences punishable under Sections 380, 411, 412 and 454 of IPC is before this Court under Section 438 of Cr.PC seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits that allegation against the petitioner is that he had received stolen articles from accused No.1 and had subsequently sold it to accused No.3. Accused Nos.1 and 3 have been granted regular bail in the present case. She submits that petitioner was arrested in Crime No.161/2014 registered by the very same police station and in the said case he was released on bail. Police have not taken the petitioner to custody in the present case, though he was arrested in - 3 - NC: 2025:KHC:13653 CRL.P No. 3523 of 2025 Crime No.161/2014. Accordingly, she prays to allow this petition. 4. Per contra, learned HCGP who has opposed the petition does not dispute the submission made by the learned counsel for the petitioner. 5. Perusal of the material on record would go to show that petitioner is arraigned as accused in Crime No.396/2013 as well as in Crime No.161/2014 registered by Jayaprakash Nagar Police Station, Bengaluru city. Allegation against the petitioner in both the cases is that he had received stolen articles from the co-accused. In Crime No.161/2024 petitioner was arrested by Jayaprakash Nagar Police Station, Bengaluru city and he was remanded to judicial custody. Subsequently, he was enlarged on bail in Crl.Misc.No.5782/2024 by Order dated 02.07.2024. Though the present case was also registered by the very same police station, for the reason best known to the police/prosecution, petitioner's custody was not sought in the present case. - 4 - NC: 2025:KHC:13653 CRL.P No. 3523 of 2025 6. Material on record would also go to show that summons issued to the petitioner was not served in the present case. Considering the aforesaid aspects of the matter and also having regard to the fact that petitioner was arrested by the very same police station in Crime No.161/2024 and subsequently enlarged on bail, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following: ORDER The Criminal 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 registered by Jayaprakash Nagar Police Station, Bengaluru City, for offences punishable under Sections 380, 411, 412 and 454 of IPC, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from - 5 - NC: 2025:KHC:13653 CRL.P No. 3523 of 2025 the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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 KVR List No.: 1 Sl No.: 85