- 1 - HC-KAR NC: 2025:KHC:28004 CRL.P No. 9501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9501 OF 2025 BETWEEN: SHIVASHANKAR K @ SHANKAR NAIK @ GUDDA AGED ABOUT 23 YEARS PRESENT R/O HOUSE NO.312 17TH WARD, NEAR PANDURANGA TEMPLE, MARIYAMMANAHALLI THANDA MARIYAMMANAHALLI VIJAYANAGARA DIST., - 583 222 PERMANENT R/O KADDIRAMPURA VILLAGE, MARIYAMAMNAHALLI THANDA HAGARIBOMMANAHALLI TQ, HOSPET TQ, VIJAYANAGARA DIST., - 583 222. …PETITIONER (BY SRI NAVEEN H.M, ADV.) AND: THE STATE OF KARNATAKA CHITRADURGA RURAL POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THEM ON BAIL IN CRIME NO.329/2024 OF RESPONDENT CHITRADURGA RURAL POLICE REGISTERED FOR OFFENCE P/US/ 309(6),310(2) OF BNS ACT, WHICH IS PENDING BEFORE HONBLE 2nD ADDL. DISTRICT AND SESSIONS JUDGE AT CHITRADURGA IN S.C.NO.7/2025. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28004 CRL.P No. 9501 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.4 in S.C.No.7/2025 pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.329/2024 registered by Chitradurga Rural Police Station, Chitradurga, for the offences punishable under Sections 309(6) and 310(2) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.329/2024 was registered by the Chitradurga Rural Police Station, Chitradurga, for the aforesaid offences against five unknown persons, based on the first information dated 21.08.2024 received from Loganathan.P., S/o Palaniyappan. During the course of the investigation of the case, petitioner was arrested on 07.10.2024 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against five persons and petitioner is arrayed as accused no.4 in the charge sheet. - 3 - HC-KAR NC: 2025:KHC:28004 CRL.P No. 9501 of 2025 His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.1662/2024 was rejected on 23.01.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that petitioner has no criminal antecedents and he is in custody from 07.10.2024. Accused no.3 as against whom similar allegations were made has been granted regular bail by this Court in Crl.P.No.5408/2025 disposed of on 27.06.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. 6. Perusal of the material on record would go to show that in the first information, it is stated thaton 18.08.2024 at about 9.00 p.m., when the first informant stopped the lorry which he was driving and got down to attend the nature call near Sukhsagar Hotel, Chitradurga, five persons who came there caught hold of him and one amongst them robbed a sum of Rs.1100/- from the first informant and before leaving the place, they also took his mobile phone worth about Rs.9000/-. It is in - 4 - HC-KAR NC: 2025:KHC:28004 CRL.P No. 9501 of 2025 this background, FIR was registered against five unknown persons initially. 7. During the course of investigation, police have arrested totally five accused persons, out of which one is a juvenile accused. Allegation in the charge sheet is that on 18.08.2024 accused No.1 had held the first informant who had got down from his lorry bearing registration No.T.N.52-M-5257 for the purpose of attending nature call and accused No.2 and 3 snatched his purse from his pant pocket and took away Rs.1100/- and thereafter all the accused left the spot along with mobile phone of the first informant. 8. All the accused named in the FIR have been arrested in the present case. From the possession of the petitioner his mobile phone and a sum of Rs.200/- has been recovered. Investigation of the case is completed and charge sheet is filed. Trial in the case is yet to commence. The alleged offence is not exclusively punishable with death or imprisonment of life. Petitioner who has no criminal antecedents is in custody from 07.10.2024. Accused no.3 from whom mobile phone and a sum of Rs.200/- was recovered, has been granted regular bail by - 5 - HC-KAR NC: 2025:KHC:28004 CRL.P No. 9501 of 2025 this Court in Crl.P.No.5408/2025 disposed of on 27.06.2025. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively, without expressing any opinion on the merits and demerits of the case. Accordingly, the following order: 9. Petition is allowed. The petitioner is directed to be enlarged on bail Special S.C.No.07/2025, pending before the Court of II Additional District and Sessions Judge, Chitradurga, arising out of Crime No.329/2024 registered by Chitradurga Rural Police Station, Chitradruga, for the offences punishable under Sections 309(6) and 310(2) of BNS, 2023, subject to the following conditions: a) Petitioner 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) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 6 - HC-KAR NC: 2025:KHC:28004 CRL.P No. 9501 of 2025 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK