- 1 - HC-KAR NC: 2025:KHC:19145 CRL.P No. 5058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5058 OF 2025 BETWEEN: SRI. NAGESH S.H @ NAAGI S/O SRI. HUCHCHAPPA, AGED ABOUT 30 YEARS, R/AT SADENAHALLI VILLAGE, HESARAGATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT-562 157. …PETITIONER (BY SRI. RAM SINGH K, ADVOCATE) AND: THE STATE OF KARNATAKA BY BAGAPALLI POLICE STATION, CHIKKABALLAPURA, REPRESENTED BY STATE PUBLIC PROSECUTOR, THE HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.459/2024 BENGALURU P.S C.C.NO.371/2025 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 111, 61(2), 140(2), AND 311 OF BNS, 2023 AND THE ABOVE CASE IS PENDING BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE (JR.DVN), JMFC, BAGEPALLI, CHIKKABALLAPURA DISTRICT. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19145 CRL.P No. 5058 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 Accused No. 2 in Crime No.459/2024 registered by Bagepalli Police Station, Chikkaballapura District, for the offenses punishable under Sections 140(2) and 311 of the Bharatiya Nyaya Sanhita, 2023, ('BNS' for short), is before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, ('BNSS' for short) seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.459/2024 was registered by Bagepalli Police Station, Chikkaballapura District, for the aforesaid offences against Bombay Saleem and four other persons based on the first information dated 20.12.2024 received from Ashwathnarayana Swamy S/o. Narasimhappa. During the course of the investigation, the petitioner herein was arrested on 29.12.2024 and subsequently remanded to judicial custody. The bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.94/2025 was - 3 - HC-KAR NC: 2025:KHC:19145 CRL.P No. 5058 of 2025 rejected on 01.03.2025. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that similarly situated other accused persons have already been enlarged on bail in the present case by this Court. The petitioner has no serious criminal antecedents. In the earlier two cases registered against him for the offences punishable under Sections 399 and 402 of IPC, he has been enlarged on bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioner. 6. Perusal of the material on record would go to show that first information was submitted on 20.12.2024 by the victim alleging that on the said day, while he was travelling in his car bearing registration No.KA-11/M-6764 carrying a sum of Rs.16,00,000/-, some persons who came in a INNOVA car bearing Reg.No.KA-04-MD-1217 had intercepted the car. From the said car, the accused-Bombay Saleem and four other persons had got down and after threatening the first informant - 4 - HC-KAR NC: 2025:KHC:19145 CRL.P No. 5058 of 2025 with a knife, they had snatched the bag in which he was carrying a sum of Rs.16,00,000/- and thereafter escaped from the spot. The FIR was initially filed against the accused-Bombay Saleem and other unknown persons. During the course of the investigation, the petitioner was arrested on 29.12.2024. After completing the investigation, a charge sheet has been filed against 11 persons. 7. Material on record would go to show that during the course of investigation, a sum of Rs.20,000/- was recovered from the petitioner and except for the same, there is no other recovery from the petitioner. Accused No. 8 was arrested in the present case and from his possession a sum of Rs.50,000/- was recovered and he has been granted regular bail by the Jurisdictional Sessions Court in Crl.Misc.No.74/2025. From accused Nos.6 and 7, who have been granted regular bail by this Court in Crl.P.No.3517/2025 and Crl.P.No.2148/2025, there was recovery of cash. Therefore, it is apparent that the allegation against the petitioner and the allegation against the accused Nos.6 to 8, who have been enlarged on bail, are almost similar. In the other two criminal cases registered against the petitioner for the offences punishable under - 5 - HC-KAR NC: 2025:KHC:19145 CRL.P No. 5058 of 2025 Sections 399 and 402 of the IPC, he has been enlarged on bail. Investigation of the present case is already completed. Considering the aforesaid aspects of the matter, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.459/2024 registered by Bagepalli Police Station, Chikkaballapura District, for the offenses punishable under Sections 140(2) and 311 of the BNS, 2023, under Section 483 of BNSS, 2023, subject to the following conditions: a) The petitioner 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 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; - 6 - HC-KAR NC: 2025:KHC:19145 CRL.P No. 5058 of 2025 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 KTY List No.: 1 Sl No.: 54