- 1 - HC-KAR NC: 2025:KHC:30130 CRL.P No. 10069 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10069 OF 2025 BETWEEN: VINAY @ GONNE VIJI @ VIJI S/O SHEKAR AGED ABOUT 28 YEARS R/AT NO.37, 1 MAIN, 3RD CROSS, NEAR SAKAMMA GARDEN, YADIYUR CIRCLE, BASAVANAGUDI BENGALURU- 560 004 PERMANENT ADDRESS VANEMBADI VILLAGE VELUR HOBLI, VELLUR TAMIL NADU- 632 001 …PETITIONER (BY SRI. G RAKESH RAJA, ADVOCATE) AND: STATE OF KARNATAKA THROUGH RAJARAJESHWARA NAGAR P S, BANGALORE REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA BUILDING - 560 001 …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30130 CRL.P No. 10069 of 2025 (BY SRI. ASMA KOUSER ADDL SPP FOR RESPONDENT) THIS CRL.P FILED U/S 439 CR.PC (U/S 483 OF BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE HIM ON BAIL IN SC.NO.545/2024 OF CR.NO.40/24 REGISTERED BY RESPONDENT RAJARAJESHWARI NAGAR POLICE, P/U/S. 392, 397, 411 OF IPC ACT PENDING BEFORE LXI ADDL. PRL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU (CCH-62). 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 Additional SPP for the State and perused the material record. 2. The petitioner has preferred this petition under Section 483 of BNSS 2023 to enlarge him on bail in Crime No.40 of 2024 of Rajarajeshwari Nagar Police Station, pending in S.C.No.545 of 2024 on the file of LXI Additional Principal City Civil and Sessions Judge, Bengaluru. 3. In the complaint lodged by one Nithya, wife of Ramesh, she has alleged that on 05.02.2024, at about 09.15 p.m., she returned to her house from work and while she was parking the vehicle in front of her house, two persons aged - 3 - HC-KAR NC: 2025:KHC:30130 CRL.P No. 10069 of 2025 between 20 to 25 years came in a pulsar bike and the pillion rider got down from the said bike holding a chopper in his hand and snatched her gold mangalya chain weighing about 45 grams, valued at ₹ 2,00,000/- and both of them fled away from the spot. 4. The petitioner was arrested on 13.02.2024 and he is in custody since then. From his possession a pulsar bike and one chopper have been recovered under P.F.No.19 of 2024. 5. Learned Additional SPP contended that petitioner was the one who was riding the motorcycle and he has been identified by the complainant in the police station. He is involved in similar offences and he is a habitual offender and therefore if he is released on bail, he may once again commit similar offences. She has therefore sought to dismiss the petition. 6. A perusal of the complainant averments goes to show that the accused were wearing face masks. The complainant has given their description stating that both of them were aged between 20 to 25 years and one of them was wearing a shirt - 4 - HC-KAR NC: 2025:KHC:30130 CRL.P No. 10069 of 2025 and jeans pant. The registered number of the motorcycle is not mentioned in the FIR. Learned counsel for the petitioner contended that a piece of Taali was recovered from accused No.2 and there is no recovery of Taali from the petitioner/accused No.1. He submits that accused No.2 has been enlarged on bail by the learned Sessions judge. 7. Petitioner is in judicial custody since 13.02.2024. The prosecution has to establish its case in a full-fledged trial. In the case on hand, as per the complaint averments, the accused were wearing mask at the time of commission of the offence. The Taali is not recovered from the petitioner/accused No.1. Hence it cannot be said at this stage that there is a prima facie case against him. Therefore, by imposing suitable conditions, petitioner can be enlarged on bail. Accordingly the following: ORDER (i) Petition is allowed. (ii) Petitioner shall be enlarged on bail in Crime No.40 of 2024 of Rajarajeshwari Nagar Police Station, subject to the following conditions: - 5 - HC-KAR NC: 2025:KHC:30130 CRL.P No. 10069 of 2025 (a) He shall execute a personal bond for 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 Court, if there is change in the address. (c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. (d) He shall not tamper with the prosecution witnesses either directly or indirectly. (e) He shall not commit any offence. (f) He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE SS List No.: 1 Sl No.: 58