- 1 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13210 OF 2024 BETWEEN: SAMEER PASHA S/O AKHTAR HUSSAIN AGED ABOUT 26 YEARS R/A NO.46, 3RD MAIN, ISLAMPURA ANNASANDRA PALYA BANGALORE-560017. AND ALSO AT R/A NO.4, KSCB COLONY BHARATHNAGAR MYSORE-570017. …PETITIONER (BY SRI. SYED NAUSHIRVAN., ADVOCATE) AND: STATE BY BASAVANGUDI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001. …RESPONDENT (BY SRI.HARISH GANAPATHY., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / ACCUSED NO.2 ON BAIL IN CR.NO.100/2023 (C.C.NO.32401/2024) FOR THE OFFENCE P/U/S 309(4) OF BNS ACT BY BASAVANAGUDI P.S. BENGALURU ON THE FILE OF THE 2ND A.C.J.M BENGALURU; THE 60TH ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU HAS REJECTED THE BAIL PETITION ON 15.11.2024 IN CRL.MISC.NO.9569/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023 seeking to enlarge the petitioner/accused No.2 on bail in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru registered for an offence punishable under Section 309 of BNS, 2023. 2. Heard both sides and perused material on record. - 3 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 3. First Information Report was registered against two unknown persons on a complaint lodged by one Smt. Uma B.S., wherein she has alleged that on 30.07.2024 while she was crossing the road near Sumero Apartment, two unknown persons aged about 30-35 years, came on a Pulsar two wheeler and the pillion rider snatched the gold chain she was wearing and both sped away in their vehicle. 4. The petitioner came to be arrested on 04.08.2024. On the same day, accused No.1 was arrested. Gold chain was recovered at the instance of the petitioner. Charge sheet is filed for offence punishable under Section 309(4) of the BNS, 2023. 5. It is contended by the learned counsel for petitioner that according to the prosecution, on the basis of CCTV footages, the petitioner was identified as the culprit, but in the entire charge sheet, said - 4 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 material is not forthcoming. He has also drawn the attention of the Court to the statement of victim recorded on 13.08.2024 to contend that victim has not identified the accused, on the other hand, it is Police who showed the accused to the victim and told her that he has committed the offence. 6. Learned High Court Government Pleader has contended that gold chain has been recovered in this case and same has been identified by the victim and therefore, there is a prima facie case against the petitioner. He further contended that there are four more cases in which petitioner is involved and therefore, he is a habitual offender and if he is enlarged on bail he may commit similar offences. 7. As per the seizure mahazar, gold chain weighing 35 grams is produced by the wife of accused on 13.08.2024. - 5 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 8. The prosecution has relied on the statement of CW.2, an eye witness to the incident. His statement is recorded on 13.08.2024, that is after the arrest of accused. Prior to that, prosecution has not stated anywhere that said witness has seen the accused persons snatching chain from the victim. The same is also not forthcoming in the complaint. Even though the petitioner was arrested on 04.08.2024, alleged recovery is effected on 13.08.2024. 9. It is contended by the learned counsel for petitioner that subsequent to the arrest of petitioner, he has been falsely implicated in two cases registered in the year 2024. 10. The petitioner is in judicial custody since 04.08.2024. He has undertaken to furnish surety and abide by any conditions. - 6 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 11. Considering the entire facts and circumstances, by imposing stringent conditions, petitioner can be admitted to bail. ORDER [a] Petition is allowed. [b] Petitioner/accused No. 2 in Crime No.100/2024 of Basavanagudi Police Station, Bengaluru pending in C.C.No.32401/2024 on the file of the Court of II Additional Chief Judicial Magistrate, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall - 7 - NC: 2025:KHC:1897 CRL.P No. 13210 of 2024 inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall mark his attendance before the jurisdictional Police Station on every sunday between 11am and 1pm for a period of three months. 6. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NV List No.: 1 Sl No.: 37