- 1 - NC: 2025:KHC:11930 CRL.P No. 12679 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12679 OF 2024 BETWEEN: MR. SATISH BABU S/O BABU K.K AGED ABOUT 44 YEARS R/AT KUNTHULLI HOUSE VARANDARAPPILLY POST AND VILLAGE, TRISHUR DISTRICT KERALA - 680 303. …PETITIONER (BY SRI NAZEEFA M MULLA, ADV.) AND: STATE OF KARNATAKA BY ITS MANGALURU RURAL POLICE STATION, REP BY HIGH COURT SPP MANGALURU - 575 005. …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 REGULAR BAIL IN C.C.NO.2426/2024 UNDER FIR REGISTERED IN CR.NO.52/2024 FOR THE OFFENCE P/U/S.120(B),457,342,323,324,307,395,397,506,201 R/W 149 OF IPC PENDING ON THE FILE OF THE HONBLE III J.M.F.C COURT MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11930 CRL.P No. 12679 of 2024 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.9 in Crime No.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City, for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506 & 201 R/w 149 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.52/2024 was registered by Mangalore Rural Police Station, Mangalore City, initially for the offences punishable under Sections 395, 397, 506 R/w 149 of IPC against unknown persons, on the basis of first information dated 22.06.2024 received from Sri Padmanabha Kotyan S/o Late Lokayya Poojari. During the course of investigation, petitioner was arrested on 04.07.2024 and subsequently, remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against eighteen persons for the aforesaid offences. Petitioner herein is arraigned as accused No.9 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:11930 CRL.P No. 12679 of 2024 Crl.Misc.No.899/2024 was rejected on 08.11.2024. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no other criminal antecedents. The allegation against accused No.14 and the petitioner/accused No.9 are identical. This Court has granted regular bail to accused No.14 in Crl.P.No.13785/2024. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP, who has opposed the petition however, does not dispute the submissions made by learned counsel for the petitioner. 6. A perusal of the charge sheet would go to show that in furtherance of conspiracy by accused persons to commit dacoity in the house of the first informant, on 21.06.2024, accused Nos.5, 6, 7, 9, 11, 12 to 18 (totally 12 persons) came in two vehicles bearing registration No.KL-08-BH-5212 and KL- 45-J-5005 to Mangaluru Taluk and amongst the aforesaid, accused Nos.5, 6, 7, 12, 13, 15, 16, 17 and 18 had entered into the compound of the first informant on 21.06.2024 at about 08.00 p.m. and had committed the alleged crime. - 4 - NC: 2025:KHC:11930 CRL.P No. 12679 of 2024 Undisputedly, petitioner was not part of group of the accused who had entered into the compound of the house of first informant and committed the crime. Petitioner who had arrived along with 12 aforesaid persons from Kerala was with accused No.14. Accused No.14 and petitioner herein had not accompanied other accused persons, who had entered into the compound of the house of first informant on 21.06.2024 and had committed the crime. Undisputedly, petitioner has no other criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Accused No.14 has been granted regular bail by this Court in Crl.P.No.13785/2024 Petitioner is in custody from 04.07.2024. Under the circumstances, I am of the opinion that the 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.52/2024 registered by Mangaluru Rural Police Station, Mangaluru City, for the offences punishable under Sections 120(B), 457, 342, 323, 324, 307, 395, 397, 506 & 201 R/w 149 of IPC, subject to the following conditions: - 5 - NC: 2025:KHC:11930 CRL.P No. 12679 of 2024 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; 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