- 1 - NC: 2025:KHC:18281 CRL.P No. 6885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO.6885 OF 2025 BETWEEN: THANVER @ MENTAL TANVEER S/O PEER AHMED AGED ABOUT 32 YEARS RESIDENT OF NO.596 BEHIND MADEEN MASEEDI MODHI ROAD, MADINA MOHALLA D J HALLI, BENGALURU-560045 (NOW AT JUDICIAL CUSTODY) …PETITIONER (BY SRI.SHARAS CHANDRA M, ADVOCATE) AND: THE STATE OF KARNATAKA BY GOWRIBIDANUR TOWN POLICE STATION CHIKKABALLAPUR, THROUGH THE S.P.P, HIGH COURT PREMISES, BENGALURU CITY-560001. …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/SEC.439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN CRIME NO.30/2025 REGISTERED BY THE GOWRIBIDANUR TOWN POLICE STATION FOR THE OFFENCE P/U/SEC.309(4) OF BNS, 2023 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, GOWRIBIDANUR CHIKKABALLAPURA DISTRICT AND ETC. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18281 CRL.P No. 6885 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL ORDER The petitioner, who is arrayed as accused No.5 in Crime No.30/2025 of the respondent - Gowribidanur Police Station, is before this Court seeking regular bail, for the offences punishable under Section 309(4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS Act') pending before Principal Civil Judge (Jr. Dn) and JMFC Court, Gowribidanur, Chikkballapur District. 2. Factual matrix of the case: It is the case of the prosecution that on 21.02.2025 at about 1.00 p.m., the complainant by name Srinivas lodged a police complaint against unknown accused stating that he was residing along with his wife and children at Hirebidanuru and he works at Agarbatti Factory for his livelihood and his wife was not keeping well, therefore, his relatives had visited to his house. 3. On 20.02.2025 at about 8.37 p.m., the complainant received a call from his neighbor - Fayaz Ulla and informed that - 3 - NC: 2025:KHC:18281 CRL.P No. 6885 of 2025 three persons entered the house and stolen mobile phones and jewelry from his house. Therefore, he lodges a complaint against unknown persons. Based on the complaint, the respondent – police have registered the case in Crime No.30/2025. The investigation is under progress. 4. It is the submission of the learned counsel for the petitioner that the petitioner is the innocent of the alleged offences and he has been falsely implicated in this case. FIR did not disclose the name of the petitioner. The recovery, which is stated to be taken place, is not in accordance with law. Though the articles stated to be found in the house of the petitioner, the complainant has not produced any bills to show that he had purchased the said articles. Therefore, the entire recovery has to be vitiated and the petitioner has to be granted bail by imposing suitable conditions. 5. Per contra, the learned High Court Government Pleader vehemently opposed the petition and she further submitted that based on the information given by the petitioner and accused No.3, mahazar had been conducted. Accused No.3 had produced gold articles which were kept in his house by stating that the said articles were stolen by accused No.5 and it - 4 - NC: 2025:KHC:18281 CRL.P No. 6885 of 2025 was handed over to him and the same had also been handed over to accused No.11. The said articles were identified by the complainant and others and it was recovered in the presence of punch witnesses. Therefore, it is not appropriate to grant bail. 6. Heard learned counsel for the respective parties and also perused the averments made in the complaint and remand application. 7. As per the statement of accused No.3, the petitioner herein is stated to have committed theft of gold articles. However, gold articles were recovered from the possession of accused Nos.3 and 11. Merely because, the statement made by accused No.3 that the petitioner had stolen the gold articles in the house of the complainant that may not be a ground to deny the bail. 8. In the light of the observations made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.30/2025 of the respondent – Police, pending on the - 5 - NC: 2025:KHC:18281 CRL.P No. 6885 of 2025 file of the Principal Civil Judge (Jr. Dn) and JMFC Court, Gowribidanur, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions: a) The petitioner shall co-operate with the investigation as and when it is required till filing of the charge sheet. b) The petitioner shall appear before the Trial Court on all dates of hearing without fail. c) The petitioner shall not threaten nor tamper the prosecution witnesses. d) The Registry is directed to communicate this order to the Trial Court forthwith. In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. SD/- (S RACHAIAH) JUDGE NBM List No.: 1 Sl No.: 48