- 1 - NC: 2025:KHC:18320 CRL.P No. 6957 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6957 OF 2025 (439(Cr.PC) / 483(BNSS) BETWEEN: SRI. MAHENDRA DEVASI @ MAHENDRA S/O. BORARAM, AGED ABOUT 30 YEARS, R/AT KIWAL VILLAGE, RAYAPURA PALI DISTRICT, RAJASTHAN - 306 401. …PETITIONER (BY SRI. K. RAM SINGH, ADVOCATE) AND: THE STATE OF KARNATAKA BY CHAMARAJPET POLICE STATION BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR THE HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. WAHEEDA M M., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.60/2022 BY CHAMARAJPET P.S AND IN S.C.NO.1954/2022 FOR THE ALLEGED OFFENCES P/U/S 381, 302, 120(b) R/W 34, 35 OF IPC WHICH IS PENDING BEFORE THE LRD. LXI ADDL. CITY CIVIL AND SESSIONS JUDGE, (CCH-62) BENGALURU. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18320 CRL.P No. 6957 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH ORDER This petition is filed by the petitioner/accused No.4 seeking for regular bail in Crime No.60/2022, registered by the Chamarajpet Police Station for the offences punishable under Sections 381, 302, 120(b) read with Sections 34 and 35 of Indian Penal Code. Brief facts of the case: 2. It is the case of the prosecution that, the father of the complainant was killed by the accused and others for the purpose of committing dacoity at his house. A complaint came to be registered by the complainant against Bijaram, who is arrayed as accused No.1. Based on the information provided by him, the respondent police apprehended the other accused, and also recovered all the gold ornaments and amount from them. Subsequently, after completing investigation, the charge sheet is submitted. - 3 - NC: 2025:KHC:18320 CRL.P No. 6957 of 2025 3. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences. He is neither directly nor indirectly involved in the case and has been falsely implicated in this case. The allegation made against the petitioner is that, accused No.1 handed over Rs.45 Lakhs to accused Nos.4 and 5 which was recovered in P.F. No.43/2022 the same has been seized in the presence of CW- 37 and CW-38, who were examined as PW-11 and PW-12. However, the said mahazar witnesses have turned hostile and did not support the case of the prosecution. 4. When the recovery of the amount has not been established by the prosecution, denying the bail to the petitioner is not proper. The petitioner is in judicial custody on the strength of the statement made by accused No.1 when was in police custody. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions. 5. The learned HCGP opposes the bail petition and prays for dismissal of the same. 6. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet - 4 - NC: 2025:KHC:18320 CRL.P No. 6957 of 2025 and also the submission of the learned counsel for the petitioner, it is noted that in paragraph No.7 of the petition, the ground urged for release of the petitioner, it is stated that, the recovery witnesses have been examined as PW-11 and PW-12 and they have turned hostile and not supported the case of the prosecution. 7. Having considered the said submission, it is appropriate to grant bail to the petitioner by imposing suitable conditions. 8. Hence, I proceed to pass the following order: ORDER i) The Criminal Petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.60/2022 of the respondent – Police, pending on the file of the LXI Additional City Civil Sessions Judge, Bengaluru, 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: - 5 - NC: 2025:KHC:18320 CRL.P No. 6957 of 2025 a) The petitioner shall appear before the Trial Court on all dates of hearing without fail. b) The petitioner shall not threaten nor tamper the prosecution witnesses. c) 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 SMC List No.: 1 Sl No.: 44 CT:SK