- 1 - HC-KAR NC: 2025:KHC:22633 CRL.P No. 5408 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.5408 OF 2025 BETWEEN: DURGANAIK L S/O RUPLA NAIK AGED ABOUT 31 YEARS, COOLIE, R/O KATTEHOLATHANDA VILLAGE, HALAGAPURA POST, HAGARIBOMMANAHALLI TALUK, VIJAYAPURA DISTRICT-586 101. …PETITIONER (BY SRI A V RAMAKRISHNA, ADVOCATE) AND: STATE BY CHITRADURGA RURAL POLICE STATION, REPTD. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CR.No.329/2024 OF CHITRADURGA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 309(6) AND 310(2) OF BNS ACT, 2023 AND NOW PENDING ON THE FILE OF SPL.II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, IN S.C.NO.07/2025. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22633 CRL.P No. 5408 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.3 in S.C.No.7/2025, pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Cr.No.329/2024, registered by Chitradurga Rural Police Station for the offences punishable under Section 309 (6) and 310 (2) of Bharatiya Nyaya Sanhita (for short ‘BNS’), 2023, is before this Court in this petition filed under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent. 3. First Information Report in Cr.No.329/2024 was registered by the Chitradurga Rural Police Station, Chitradurga for the aforesaid offences against five unknown persons, based on the first information dated 21.08.2024 received from Loganathan P S/o Palaniyappan. 4. During the course of the investigation of the case, petitioner was arrested on 27.08.2024 and subsequently remanded to judicial custody. After completing the - 3 - HC-KAR NC: 2025:KHC:22633 CRL.P No. 5408 of 2025 investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused No.3 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.91/2025 was rejected on 14.02.2025. Therefore, he is before this Court. 5. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody from 27.08.2024. From the possession of the petitioner, only his mobile phone and a cash of Rs.200/- has been recovered. Accordingly, prays to allow the petition. 6. Per contra, learned High Court Government Pleader has opposed the petition. 7. Perusal of the material on record would go to show that in the First Information it is stated that, on 18.08.2024 at about 9.00 p.m., when the first informant stopped the lorry which he was driving and got down to attend the nature call near Sukhsagar Hotel, Chitradurga, five persons who came there caught hold of him and one amongst them robbed a sum of Rs.1100/- from the first informant and before leaving the place, they also took his mobile phone worth about Rs.9000/-. - 4 - HC-KAR NC: 2025:KHC:22633 CRL.P No. 5408 of 2025 It is in this background, FIR was registered against five unknown persons initially. 8. During the course of investigation, police have arrested totally five accused persons, out of which one is a juvenile accused. 9. Allegation in the charge sheet is that on 18.08.2024 accused No.1 had held the first informant who had got down from his lorry bearing registration No.T.N.52-M-5257 for the purpose of attending nature call and accused No.2 and 3 snatched his purse from his pant pocket and took away Rs.1100/- and thereafter all the accused left the spot along with mobile phone of the first informant. 10. All the accused named in the FIR have been arrested in the present case. From the possession of the petitioner his mobile phone and a sum of Rs.200/- has been recovered. Investigation of the case is completed and charge sheet is filed. Trial in the case is yet to commence. The alleged offence is not exclusively punishable with death or imprisonment of life. Petitioner has no criminal antecedents. Under circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered - 5 - HC-KAR NC: 2025:KHC:22633 CRL.P No. 5408 of 2025 affirmatively, without expressing any opinion on the merits and demerits of the case. 11. Accordingly, the following: ORDER (i) The Criminal Petition is allowed. (ii) The petitioner is directed to be enlarged on bail Special S.C.No.07/2025, pending on the file of the II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.329/2024 registered by Chitradurga Rural Police Station, for the offences punishable under Sections 309 (6) and 310 (2) of BNS, 2023, subject to the following conditions: a) 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; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 6 - HC-KAR NC: 2025:KHC:22633 CRL.P No. 5408 of 2025 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 MR