- 1 - HC-KAR NC: 2025:KHC:25018 CRL.P No. 8613 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8613 OF 2025 BETWEEN: MR. FAIROZ KHAN AGED ABOUT 29 YEARS R/O. 87, SHANTHI NAGAR WARD NO.27, CHITAMANI TALUK CHIKKABALLAPURA - 563 125. …PETITIONER (BY SRI K.V. SATEESHCHANDRA, ADV.) AND: STATE BY GOWRIBIDANUR TOWN POLICE STATION GOWRIBIDANUR - 561 208 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON BAIL IN CR.NO.30/2025 OF GOWRIBIDANUR TOWN P.S. FOR THE ALLEGED OFFENCE P/U/S 309(4) R/W 61(1) OF BNS ACT 2023 ON THE FILE OF THE COURT OF THE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT GOWRIBIDANUR AND DIRECT THE PETITIONER BE RELEASED ON BAIL. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25018 CRL.P No. 8613 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.3 in Crime No.30/2025 registered by Gowribidanur Town Police Station, Chickballapura, for the offences punishable under Sections 61(2)(a) and 310(2) 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.30/2025 was registered by Gowribidanur Town Police Station, Chickballapura, initially for the offence punishable under Section 309(4) of BNS, 2023, against three unknown persons based on the first information dated 21.02.2025 received from Srinivasa S/o Krishnappa. During the course of investigation, petitioner herein was arrested on 01.03.2025 and subsequently, remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.330/2025 was rejected on 18.06.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC:25018 CRL.P No. 8613 of 2025 4. Learned counsel for the petitioner submits that accused Nos.2 and 5 have been granted regular bail by this Court in Crl.P.No.6277/2025 and Crl.P.No.6885/2025 respectively. As per the charge sheet allegations, accused No.5 was involved in committing the theft and accused No.3 is only the receiver of the stolen article. Petitioner, who is arraigned as accused No.3 has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submission made by learned counsel for the petitioner. 6. FIR in the present case was registered against unknown three persons. After completing investigation, charge sheet is now filed against 11 persons. As per the charge sheet allegations, petitioner is the receiver of the stolen article and the stolen articles were recovered at his instance. Accused No.5, who allegedly had stolen the articles and handed over the same to accused No.3, has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.6885/2025 disposed - 4 - HC-KAR NC: 2025:KHC:25018 CRL.P No. 8613 of 2025 of on 20.05.2025. Accused No.2 has been granted regular bail by this Court in Crl.P.No.6277/2025 disposed of on 11.06.2025. Accused Nos.8, 9 and 11 were directed to be released on bail in Crl.P.Nos.5371/2025, 4787/2025 and 4318/2025 on the ground that grounds of arrest were not served on them. It is not in dispute that petitioner has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. The alleged offences are not exclusively punishable with death or life imprisonment. Considering the aforesaid aspects of the matter, I am of the opinion that that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.30/2025 registered by Gowribidanur Town Police Station, Chickballapura, for the offences punishable under Sections 61(2)(a) 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/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 5 - HC-KAR NC: 2025:KHC:25018 CRL.P No. 8613 of 2025 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 DN