- 1 - NC: 2025:KHC:253 CRL.P No. 13127 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13127 OF 2024 BETWEEN: RAKSHITH KUMAR @ HARSHA S/O SIDDALINGAIAH, AGED ABOUT 35 YEARS, R/AT NO-102/3, RAMAPPA BUILDING, NEAR ESAR PETROL BUNK, N. KODIHALLI VILLAGE, KOPPA HOIBLI, MADDUR TALUK, MANDYA DISTRICT. PIN - 571 428. …PETITIONER (BY SRI. BASAVARAJU T.A., ADVOCATE) AND: STATE OF KARNATAKA, BY BIDADI POLICE, RAMANAGARA DISTRICT, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR PUBLIC PROSECUTORS OFFICE, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDI, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY. R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:253 CRL.P No. 13127 of 2024 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.323/2020 OF BIDADI P.S., RAMANAGARA DISTRICT, FOR AN OFFENCE U/S 397 OF IPC, PENDING ON THE FILE OF HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT RAMANAGARA IN SC.NO.3/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition filed by the petitioner / accused No.1, to enlarge him on bail in a case registered in Crime No.323/2020 at Bidadi Police Station, Ramanagara. 2. First information report was registered against 3 unknown persons at Kumbalagudu Police Station in Crime No.293/2019 for an offence punishable under Section 397 of IPC. On the point of jurisdiction the case was transferred to Bidadi Police Station, Ramanagara. - 3 - NC: 2025:KHC:253 CRL.P No. 13127 of 2024 3. Charge sheet is filed against accused Nos.1 to 3 for the offence punishable under Section 397 of IPC. Accused Nos.1 and 2 are facing trial in S.C.No.3/2024 on the file of the Court of Principal District and Sessions Judge at Ramanagar. The case against accused No.3 has been split up. 4. The prayer of the petitioners for bail was rejected by this Court in Crl.P.No.11394/2023 vide order dated 14.12.2023. It is contended by the learned counsel for the petitioner that the first informant / CW.1 has been examined in this case on 11.06.2024 and he has not identified the petitioner. Further, inspite of granting sufficient opportunity to the prosecution to examine CW.2, so far the said witness has not been examined. It is further submitted that accused No.2 has been enlarged on bail and he is attending trial. 5. Learned High Court Government Pleader has contended that the petitioner is a habitual offender involved in similar offences and therefore, his bail petition was dismissed by this Hon'ble Court on an earlier - 4 - NC: 2025:KHC:253 CRL.P No. 13127 of 2024 occasion. He contended that if the petitioner is enlarged on bail, he may abscond and commit similar offence. Accordingly, he prays to dismiss the petition. 6. Case of the prosecution is that on 28.12.2019 at about 04:30 a.m., when the first informant / victim was waiting for a bus on Bangalore-Mysore Road, at about 05:00 a.m., accused persons came in a car and offered a lift and then at knife point, they robbed a sum of Rs.11,000/- from the first informant and another sum of Rs.1,300/- from another person and they also took away the bag containing mobile phone valued at Rs.9,000/-, a laptop valued at Rs.1,00,000/- and then left them and went away. 7. Accused No.2 was enlarged on bail by this Court in Crl.P.No.573/2021 vide order dated 09.02.2021. The petitioner is in judicial custody for more than 1 year. According to prosecution, a cash of Rs.9,500/- was recovered from the petitioner. Considering the entire facts and circumstances, petitioner can be directed to be - 5 - NC: 2025:KHC:253 CRL.P No. 13127 of 2024 released on bail by imposing stringent conditions. Accordingly, the following: ORDER i) Petition is allowed. ii) Petitioner / accused No.1 in S.C.No.3/2024 pending on the file of Principal District and Sessions Judge at Ramanagar (Crime No.323/2020 of Bidadi Police Station, Ramanagar) shall be enlarged on bail subject to following conditions: a) Petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. - 6 - NC: 2025:KHC:253 CRL.P No. 13127 of 2024 d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. f) He shall mark his attendance before Bidadi Police Station, Ramanagar on every Sunday between 11:00 a.m. and 01:00 p.m till conclusion of the Trail. g) Violation of any of the above conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 43