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2025 DAILYLAW 25475 (KAR)

SRI MOHAN LAL v. THE STATE OF KARNATAKA

CRL.P/6260/2025 · 2025-04-29

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:17846 CRL.P No. 6260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6260 OF 2025 BETWEEN: SRI MOHAN LAL S/O SRIRAM AGED ABOUT 34 YEARS R/AT NO.34TH CROSS VISHVESHWARAIAH LAYOUT NAGASANDRA, BENGALURU - 560 073. …PETITIONER (BY SRI K. RAMA SINGH, ADV.) AND: THE STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION, REPRSENTED BY SPP THE HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.174/2024 AND IN C.C.NO.52340/2025 FOR THE ALLEGED OFFENCE P/U/S 318(4), 61(1), 317(3), 351(2), 315(3), 352, 238 OF BNS, 2023 PENDING ON THE FILE OF X ACMM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17846 CRL.P No. 6260 of 2025 ORAL ORDER 1. Accused no.3 in Crime No.174/2024 registered by Commercial Street Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 351(2), 351(3), 352 of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.174/2024 was registered by Commercial Street Police Station, Bengaluru City, for the aforesaid offences against Swethagowda based on the first information dated 09.12.2024 received from Sanjay Bafna S/o Vijayraj. During the course of investigation, petitioner herein was arrested on 21.01.2025 and subsequently remanded to judicial custody. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.25265/2025 was rejected on 17.04.2025. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that allegation is made against accused no.1 – Swethagowda that she used to visit the jewellery shop of the first informant and used to take jewellery from his shop and subsequently returned - 3 - NC: 2025:KHC:17846 CRL.P No. 6260 of 2025 the same. Accordingly, for the period from 26.08.2024 to 08.11.2024, accused no.1 had taken jewellery worth Rs.2,42,64,800/- from the jewellery shop of the first informant, but had not returned the sme. It is under these circumstances, the first informant had approached the police. 5. During the course of investigation, accused no.1 was arrested and based on her confession statement, accused nos.2 to 4 with whom she had pledged the gold jewellery taken from the shop of the first informant were also arrested. Accused no.1 has been granted regular bail by this Court in Crl.P.No.1877/2025 and accused no.2 has been granted regular bail by this Court in Crl.P.No.1255/2025. Accused no.4 has been granted anticipatory bail by this Court in Crl.P.No.3247/2025. Undisputedly, petitioner has no criminal antecedents. The allegation as against accused nos.2 to 4 are almost similar. Under the circumstances, I am of the opinion that petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order: 6. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.174/2024 registered by - 4 - NC: 2025:KHC:17846 CRL.P No. 6260 of 2025 Commercial Street Police Station, Bengaluru City, for the offences punishable under Sections 318(4), 351(2), 351(3), 352 of BNS, 2023, subject to the following conditions: 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 KK