- 1 - NC: 2025:KHC:5190 CRL.P No. 14267 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14267 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MUKESHKUMAR S/O BHERU SINGH AGED ABOUT 23 YEARS R/AT #6, 2ND FLOOR, SUNSHINE APARTMENT SHANTILAL LAYOUT, MAIN ROAD, SIGEHALLI GATE, TAVAREKERE, BENGALURU RURAL - 560062. …PETITIONER (BY SRI. BHOJARAJA S V., ADVOCATE) AND: STATE OF KARNATAKA BY TALAGHATTAPURA POLICE BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 560001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.435/2024 U/S 303(2) AND 111(2) OF BNS ACT OF THE COMPLAINT FILED BY THE STATE THROUGH TALAGHATTAPURA POLICE THROUGH 2nd ACJM COURT AT BANGALORE RURAL DISTRICT, BANGALORE. 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:5190 CRL.P No. 14267 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred by petitioner to enlarge him on bail in Crime No.435/2024 of Thalaghattapura Police Station, Bengaluru City, registered for the offence punishable under Section 303(2) & 111(2) of BNS, 2023. 2. Heard both sides. Perused materials on record. 3. Regarding theft of an Innova Crysta car bearing registration No.KA-05-MV-9768, one Shivakumar V.N lodged a complaint with Thalaghattapura Police Station on 17.10.2024. The said Car was seized near Karada bus stand in Jalore district, Rajasthan on 04.11.2024, from accused No.2 by name Ashok Kumar @ Ashok Bishnoi @ Ashok. 4. It is the case of the prosecution that petitioner / accused No.1 as well as Ashok Kumar @ Ahshok Bishnoi/accused No.2 committed theft of the car belonging - 3 - NC: 2025:KHC:5190 CRL.P No. 14267 of 2024 to complainant and thereafter, accused No.2 - Ashok Kumar took the car to Rajasthan to sell it. 5. Learned High Court Government Pleader has contended that petitioner is a habitual offender against whom similar theft cases are registered. Hence, he contended, in the event of grant of bail to the petitioner, he will repeat the offence. 6. In the present case, there is no recovery whatsoever from the petitioner. Recovery is from accused No.2. Based on his voluntary statement, prosecution has alleged that both the accused have committed theft. Except the voluntary statement there is no other material against petitioner at this stage. He is already arrested and interrogated. He is in judicial custody from 28.10.2024. He has undertaken to furnish sufficient surety to ensure his presence before the Trial Court. Investigation is completed and charge sheet is filed. 7. Hence, the following:- - 4 - NC: 2025:KHC:5190 CRL.P No. 14267 of 2024 ORDER Petition is allowed. Petitioner/accused No.1 in Crime No.435/2024 of Thalaghattapura Police Station, Bengaluru City, 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 the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall 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 appear before the trial Court regularly on all dates of hearing. - 5 - NC: 2025:KHC:5190 CRL.P No. 14267 of 2024 6. He shall mark attendance at Thalaghattapura Police Station, Bengaluru on every Sunday between 1 P.M - 2 P.M, for a period of three months. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE NMS