- 1 - HC-KAR NC: 2025:KHC:54562 CRL.P No. 11888 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11888 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR CHANDRA S/O MARIMUTHU AGED ABOUT 27 YEARS RESIDING AT MAGANURU PATTI VILLAGE AND POST UTTAGARE TALUK KRISHNAGIRI DISTRICT TAMIL NADU – 635 307. …PETITIONER (BY SRI. S. SHEHINSHA ALI, ADVOCATE) AND: 1. STATE BY KARNATAKA BY AVALAHALLI POLICE STATION BENGALURU KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 01. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54562 CRL.P No. 11888 of 2025 CR.No.432/2024 REGISTERED AT AVALAHALLI POLICE STATION, BENGALURU RURAL DISTRICT FOR OFFENCES PUNISHABLE UNDER SECTIONS 111, 305, 331(4) OF BNS 2023 WITH C.C.No.5706/2025. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No. 3 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as the `BNSS’) praying to grant bail in crime No. 432/2024 of Avalahalli Police Station registered for offence under Sections 111, 305, 331(4) of Bharathiya Nyaya Sanhita (hereinafter referred to as the `BNS’) pending in C.C. No. 5706/2025 on the file of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru. 2. Heard learned counsel for petitioner and learned HCGP for respondent - State. 3. Learned counsel for petitioner would contend that there is recovery of 19 articles of theft and out of - 3 - HC-KAR NC: 2025:KHC:54562 CRL.P No. 11888 of 2025 them one gold melted piece weighing 43.8 gms has been recovered at the instance of petitioner’s wife. Petitioner is having 5 cases. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. As charge is filed petitioner is not required for custodial interrogation. 4. Per contra, learned HCGP would contend that there is recovery of 19 articles of gold ornaments and other melted gold pieces at the instance of the accused persons. Petitioner is involved in 8 cases, out of them 5 cases are in Tamil Nadu and 3 cases are in Karnataka including the present case. Petitioner is in the habit of committing house breaking and theft during night hours. Accused No. 1 is involved in 18 cases. Petitioner and other accused are members of organized crime syndicate and committing similar offenses. The offence alleged against the petitioner is provided with punishment of imprisonment for 5 years which may extend to imprisonment for life. If the petitioner is granted bail there - 4 - HC-KAR NC: 2025:KHC:54562 CRL.P No. 11888 of 2025 are chances of he again committing similar offence. With this he prayed to reject the petition. 5. Having heard learned counsel for the parties this Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet case of the prosecution is that when C.W.1 went out of station by locking his house on 27.12.2024, accused Nos. 1 to 4 who are members of organized crime syndicate came in a car, which is also theft article, broke open the lock by using iron rod, entered the house and committed theft of gold, silver articles and laptop. 7. There is recovery of 19 gold ornaments, 2 melted gold pieces and other articles, monkey cap, hand gloves, screwdriver, iron rod and bikes at the instance of the petitioner and other accused. Petitioner is having criminal antecedents and involved in 5 cases in Tamil Nadu and 2 cases in Karnataka apart from the present case. One - 5 - HC-KAR NC: 2025:KHC:54562 CRL.P No. 11888 of 2025 of the offence alleged against the petitioner is under Section 111 of BNS which is provided with punishment of imprisonment for 5 years which may extend to imprisonment for life. If the petitioner is granted bail, there are chances of he committing similar offence and flee from justice. 8. Considering the above aspects, petitioner has not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 1 Ct.sm