- 1 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION No. 4742 OF 2025 (439 Cr.P.C. / 483 BNSS ) BETWEEN: 1. MR. GANESH NAIK, S/O. SURESH NAIK, AGED ABOUT 27 YEARS, R/AT DOOR No.2-100, SHRI DURGHA NIVASA, DARKASU, MALA MALLARU HOUSE, MALA POST AND VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. …PETITIONER (BY SRI. RAVIKUMAR N. R., ADVOCATE) AND: 1. STATE BY BANTWAL RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 OF BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.No.131/2024 (CRIME No.3/2024) PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU FOR THE OFFENCES P/U/S.395, 397, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 411 IPC IN CRIME No.03/2024 OF BANTWAL RURAL POLICE STATION AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.131/2024 pending before the Court of III Additional District and Sessions Judge, D.K., Mangaluru, arising out of Crime No.3/2024 registered by Bantwala Rural Police Station, D.K. District, for offences punishable under Sections 395, 397, 411 of the Indian Penal Code, 1860 (for short 'IPC') is before this Court in this successive bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.3/2024 was registered by Bantwala Rural Police Station, D.K. District, initially for the offence punishable under Section 394 of IPC against four unknown persons based on the first information dated 11.01.2024 received from Marita - 3 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 Synthiya Pinto W/o. Henri Pinto (late). During the course of investigation, petitioner herein was arrested on 21.01.2024 and subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against seven persons for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court was dismissed. Therefore, the petitioner had approached this Court in Crl.P.No.5048/2024, which was dismissed by the Co- ordinate Bench of this Court on 18.06.2024. Thereafter, the petitioner had filed fresh bail application before the Trial Court in S.C.No.131/2024, which was rejected on 25.02.2025. It is under these circumstances, the petitioner is before this Court in the successive petition seeking regular bail. 4. Learned counsel for the petitioner submits that the allegations against accused Nos.1 to 6 in the charge sheet are similar. After the dismissal of Crl.P.No.5048/2024, accused Nos.2, and 4 to 6 have been granted regular bail by this Court and accused No.7 was granted regular bail by the jurisdictional Sessions Court. In the two criminal cases, which were registered against the petitioner earlier, he has been acquitted - 4 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 in one case. Trial in the case is yet to commence. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader opposes the bail application and submits that the petitioner has failed to point out any change in circumstances after his earlier bail application in Crl.P.No.5048/2024 was dismissed on 18.06.2024. The allegations against the petitioner and other accused persons in the charge sheet are not similar. Accordingly, he prays to dismiss the petition. 6. FIR in the present case was initially filed against four unknown persons. During the course of investigation, seven accused persons were arrested and after completing the investigation, charge sheet has been filed against them. In the charge sheet, it is alleged that accused No.7 is the receiver of gold ornaments and therefore, offence punishable under Section 411 of IPC has been invoked against him. 7. Insofar as accused Nos.1 to 6 are concerned, the allegation is that, they had come in a Innova Car to the house of the first informant on 11.01.2024 and amongst them, - 5 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 accused Nos.1 to 4 gained entry into the house while accused Nos.5 and 6 were keeping a watch outside. Accused No.1 allegedly had assaulted the first informant-CW.1 with a knife causing simple hurt while the other accused persons had robbed cash of 30,000/-, gold ornaments worth Rs.3,15,000/- and also a mobile handset and thereafter, they left the spot. The earlier bail application filed by the petitioner in Crl.P.No.5048/2024 was dismissed on 18.06.2024, taking into consideration that petitioner is a person with criminal antecedents and he had two cases registered against him for the offence punishable under Section 380 of IPC and for the offence under Section 376 of IPC. 8. It is brought to the notice of this Court that the petitioner who was tried in Spl. Case (POCSO) No.64/2021 by the jurisdictional Court for the offence punishable under Section 376 of IPC and also for the offence punishable under the provisions of POCSO Act has been acquitted in the said case. The other case registered against the petitioner in Crime No.2/2023 is for the offence punishable under Section 380 of - 6 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 IPC and in the said case, undisputedly the petitioner has been enlarged on bail. 9. Material on record would go to show that after the bail application of the petitioner was rejected by the Co-ordinate Bench of this Court in Crl.P.No.5048/2024, disposed on 18.06.2024, accused No.2 has been granted regular bail in Criminal Petition No.13436/2024, disposed on 27.01.2025, and accused No.4 was granted regular bail by the Trial Court. Accused No.5, who is a person with criminal antecedents having the case registered against him for the offences punishable under the POCSO Act has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.13695/2024, disposed of 17.01.2025. It is relevant to note that accused No.5 had earlier approached this Court in Crl.P.No.7807/2024, which was dismissed on 02.09.2024. However, he was granted regular bail in Crl.P.No.13695/2024 considering the fact that no Test Identification Parade was conducted in the present case in the manner known to law and on the other hand, all the accused persons were identified in the Police Station before the Test Identification Parade was conducted. Accused No.6 has - 7 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 been granted regular bail by this Court in Crl.P.No.5152/2024, which was disposed of on 23.10.2024. Therefore, it is apparent that after the earlier bail application of the petitioner in Crl.No.5048/2024 was rejected on 18.06.2024, the other accused persons as against whom similar allegations are found in the charge sheet have been granted regular bail by this Court considering the fact that there is no Test Identification Parade held in the case in the manner known to law. It is also brought to the notice of this Court that till date, trial in the case has not yet commenced before the Trial Court. Under the circumstances, I am of the opinion that the prayer for grant of bail made by the petitioner, who is in custody from the date of his arrest, is required to be answered affirmatively. 10. Accordingly, the following; Order (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.3/2024 of Bantwala Police Station registered for the offences punishable under Sections 395, 397, 411 of IPC, subject to the following conditions: - 8 - HC-KAR NC: 2025:KHC:19614 CRL.P No. 4742 of 2025 (a) Petitioner shall execute 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 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 him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE MV, List No.: 1 Sl No.: 50