- 1 - NC: 2025:KHC:251 CRL.P No. 13726 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. 13726 OF 2024 BETWEEN: SUNIL, S/O LATE SANGAIAH, AGED ABOUT 38 YEARS, R/AT AAREHALLY ROAD, BYKERE VILLAGE, SAKALESHAPURA, HASSAN DISTRICT - 573 134. …PETITIONER (BY SRI. PRATHEEP K C.,ADVOCATE) AND: THE STATE OF KARNATAKA, REP. BY SAKALESHPURA RURAL POLICE STATION, HASSAN DISTRICT, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. ASMA KOUSER., ADDITIONAL SPP) THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN CR.NO.171/2024 FOR THE OFFENCE P/U/S 303(2) OF BNS BY SAKLESHPURA RURAL POLICE, PENDING ON THE FILE OF HONBLE PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, SAKALESHPURA, HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:251 CRL.P No. 13726 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking anticipatory bail in a case registered against him in Crime No.171/2024 of Sakaleshpura Rural Police Station, Hassan, for offence punishable under Section 303(2) of the BNS 2023. 2. Heard both the sides and perused the material on record. 3. The allegations are that on 03.10.2024, at about 6:00 p.m, the petitioner has committed theft of sand and he was transporting it illegally in a pickup vehicle bearing registration No.KA-46-7808. 4. On the basis of a credible information, a suo-moto case was registered on a complaint lodged by the police attached to Sakaleshpura Rural Police Station. It is alleged that when the police and panchas went to the spot, accused abandoned the pickup vehicle and fled - 3 - NC: 2025:KHC:251 CRL.P No. 13726 of 2024 away. The said pickup vehicle along with sand was seized under a mahazar. 5. Learned Additional SPP has contended that the petitioner is a rowdy sheeter and he is involved in number of similar cases and therefore, if he is granted the relief of anticipatory bail, he may not cooperate with the investigation and he may once again commit similar offences. 6. According to the prosecution when the police and panchas went to the spot to conduct a raid, the driver of the pickup vehicle abandoned the vehicle loaded with sand and ran away. Petitioner was alleged to be driving the said vehicle. However, it is not forthcoming from the mahazar has to how the identity of the driver was revealed. The offences alleged are not punishable with death or imprisonment for life. Petitioner has undertaken to cooperate with the investigation of the case. Considering the facts and circumstances and the punishment prescribed, the relief sought by the petitioner - 4 - NC: 2025:KHC:251 CRL.P No. 13726 of 2024 can be granted by imposing conditions. According, the following: ORDER i) The criminal petition is allowed. ii) The petitioner/accused shall be released on bail in the event of his arrest in Crime No.171/2024 of Sakaleshpura Rural Police Station, Hassan subject to following conditions: a) Petitioner shall appear before the investigation officer within a period of one week from the date of receipt of a copy of this Order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. 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 mark his attendance before the Jurisdictional Police Station on every - 5 - NC: 2025:KHC:251 CRL.P No. 13726 of 2024 Saturday between 11:00 a.m and 01:00 p.m till the conclusion of investigation. d) He shall not tamper with the prosecution witnesses or the evidence in any manner. e) He shall cooperate with the investigation of the case. f) He shall not involve in any criminal activity and commit similar offences. g) He shall be regular in attending the court proceedings. SD/- (MOHAMMAD NAWAZ) JUDGE KVR List No.: 1 Sl No.: 52