- 1 - HC-KAR NC: 2025:KHC:19199 CRL.P No. 5770 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. 5770 OF 2025 BETWEEN: 1. CHETHAN S/O RAJASHEKAR, AGED ABOUT 35 YEARS, R/O 2ND CROSS, PARK ROAD, GANDHINAGARA, TIPTUR TOWN, TUMKUR DISTRICT-572 201. …PETITIONER (BY SRI. CHANDRASHEKARA K.A., DVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF TIPTUR TOWN POLICE STATION, TUMAKURU DISTRICT-572 201, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO GRANT HIM BAIL IN CR.NO.193/2024 OF TIPUT TOWN P.S. TUMAKURU DISTRICT NOW PENDING IN S.C.NO.10011/2025 FOR TRIAL BEFORE THE HONBLE V ADDL.DISTRICT AND SESSIONS JUDGE, TUMKUR (SITTING AT TIPTUR) FOR THE OFFENCE P/U/S 13, 61(2), 310(4), 310(5) AND 310(6) OF BNS 2023. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19199 CRL.P No. 5770 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 1. Accused No.1 in S.C.No.10011/2025 pending before the Court of V Additional District and Sessions Judge, Tumkur (Sitting at Tiptur) arising out of Crime No.193/2024 registered by Tiptur Town Police Station, Tumkur for the offences punishable under Sections 13, 61(2), 310(4), 310(5) and 310(6) of the Bharatiya Nyaya Sanhita, 2023 is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.193/2024 was registered by Tiptur Town Police Station, Tumkur for the aforesaid offences against petitioner and five others based on the first information dated 30.10.2024 received from - 3 - HC-KAR NC: 2025:KHC:19199 CRL.P No. 5770 of 2025 Krishnappa D., Police Officer attached to Tiptur Town Police Station, Tumkur. During the course of investigation, the petitioner was arrested on 30.10.2024 and after completing the investigation chargesheet has been filed against six persons and petitioner is arrayed as petitioner No.1 in the chargesheet. The bail application filed by the petitioner before jurisdictional Sessions Court in S.C.No.10011/2025 was rejected on 20.03.2025 and therefore he is before this Court. 4. Learned counsel for the petitioner submits that accused Nos.2 to 6 as against similar allegation is found in the chargesheet have been granted regular bail by the jurisdictional Sessions Court. Petitioner's bail application has been rejected for the reason that he is a person with criminal antecedent. In all the earlier criminal cases registered against him, petitioner has been enlarged on bail and the last criminal case registered against him was in the year 2022. Accordingly he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:19199 CRL.P No. 5770 of 2025 5. Per contra, the learned High Court Government Pleader has opposed the petition on the ground that the petitioner is a habitual offender. Accordingly he prays to dismiss the petition. 6. The first information was submitted by the Police Officer attached to Tiptur Town Police Station, Tumkur, wherein, it is alleged that based on the credible information received, a raid was conducted to the alleged spot and accused persons who had assembled there armed with deadly weapons and were making preparations to commit dacoity were arrested from the alleged spot of crime on 30.10.2024 and thereafter all the arrested accused were remanded to judicial custody. The investigation of the case is now completed and chargesheet has been filed. After committal, case is now pending before jurisdictional Sessions Court in S.C.No.10011/2025. Accused Nos.2 to 6 have been granted regular bail by the jurisdictional Sessions Court. It is not in dispute that in all the four criminal cases - 5 - HC-KAR NC: 2025:KHC:19199 CRL.P No. 5770 of 2025 registered against him, the petitioner has been enlarged on bail and the last criminal case registered against him was in the year 2022. So far as present case is concerned, the alleged offences are not punishable with death or life imprisonment. The petitioner is in custody for the last more than seven months. Considering the aforesaid aspects of the matter, I am of the opinion that 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.193/2024 registered by Tiptur Town Police Station, Tumkur for offences punishable under Sections 13, 61(2), 310(4), 310(5) and 310(6) of the Bharatiya Nyaya Sanhita, 2023 subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for - 6 - HC-KAR NC: 2025:KHC:19199 CRL.P No. 5770 of 2025 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 PGG List No.: 1 Sl No.: 61