- 1 - NC: 2025:KHC:2391 CRL.P No. 35 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 35 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: SHESHARAM S/O PEMARAM, AGED ABOUT 33 YEARS, R/AT NO.279/2, NAGAVARAPALYA MAIN ROAD, 8TH CROSS, NAGAVARAPALYA, BANGALORE-560 093. AADHAR 2077 1916 7535 …PETITIONER (BY SRI. GOPAL SINGH, ADVOCATE) AND: THE STATE OF KARNATAKA BY BYAPPANAHALLI POLICE STATION BANGALORE - 560 038. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED U/S 438 (FILED U/S 482 BNSS) OF CR.P.C PRAYING TO ALLOW THE PETITION AND BE PLEASED Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2391 CRL.P No. 35 of 2025 TO GRANT ANTICIPATORY BAIL IN CRIME NO.291/2024 REGISTERED FOR THE OFFENCE P/US/381 OF IPC AND SEC.317(4) OF BNS 2023 PENDING ON THE FILE OF THE HONBLE X ACMM MAYO HALL UNIT, BENGALURU DIRECTING THE RESPONDENT BYAPPAHALLI POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IMPOSING ANY CONDITIONS TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State and perused the material on record. 2. FIR in Crime No.0291/2024 of Byappanahalli Police Station, Bengaluru, is registered against one Soumya (Accused No.1) for the offence punishable under Sections 381 of IPC. - 3 - NC: 2025:KHC:2391 CRL.P No. 35 of 2025 3. In the complaint lodged by one Kumar Krishna Murthy, he has alleged about missing of gold ornaments and other valuables from his house and suspected one Soumya, who was staying in the house, as a Caretaker of complainant's 91 year old bed-ridden mother-in-law. During the course of investigation, Soumya was arrested and her confessional statement was recorded, wherein she confessed that she committed theft of valuables and sold it in the shop of the petitioner. 5. Accused No.3, incharge of one Bharat Gold Palace Jewellery Shop came to be arrested. Five items of Gold Ornaments were recovered from the said shop. The petitioner is said to be the owner of Bharat Gold Palace Jewellery Shop from where the Gold Ornaments were seized. 6. Petitioner claims to be innocent. It is contended by the learned counsel that even accepting the worst situation, the petitioner might have received the - 4 - NC: 2025:KHC:2391 CRL.P No. 35 of 2025 gold articles, without knowing the same were stolen articles. 7. It is stated that accused Nos.1 and 3 are enlarged on bail. Allegation against the petitioner is that he has received the gold knowing it to be stolen. Section 317(4) of BNS has been invoked against him. The prosecution has to establish its case against the petitioner in due course. It has to be established that the petitioner in connivance with other accused persons has committed the offence and dishonestly received gold from accused No.1, knowing that it is stolen from the house of the complainant. The petitioner has undertaken to cooperate with the investigation. 8. In the facts and circumstances, by imposing stringent conditions, relief sought for by the petitioner can be granted. Accordingly, the following : - 5 - NC: 2025:KHC:2391 CRL.P No. 35 of 2025 ORDER Petition is allowed. Petitioner/accused No.2 in Crime No.0291/2024 of Byappananhalli Police Station, Bengaluru, shall be released in the event of his arrest, subject to following conditions: i) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum. ii) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of any change in the address/contact number. iii) He shall co-operate with the investigation of the case. iv) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. v) He shall be regular in attending the Court proceedings. - 6 - NC: 2025:KHC:2391 CRL.P No. 35 of 2025 Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE JJ List No.: 1 Sl No.: 47 CT:SNN