- 1 - HC-KAR NC: 2025:KHC:31456 CRL.P No. 9439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9439 OF 2025 BETWEEN: DURGANAIK S/O SRI. SUBANAIK @ SUBHASH NAIK, AGED ABOUT 33 YEARS, OCCUPATION: HOTEL EMPLOYEE, RESIDING AT KATTEHOLA TANDA VILLAGE, HALAGAPURA POST, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA DISTRICT, KARNATAKA-583 212. …PETITIONER (BY SRI. B.K. SANJAY, ADVOCATE) AND: STATE OF KARNATAKA BY CHITRADURGA RURAL POLICE STATION, CHITRADURGA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. K. NAGESWARAPPA, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31456 CRL.P No. 9439 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE RELIEF OF REGULAR BAIL TO THE PETITIONER WHO IS ACCUSED NO.1 IN S.C.NO.7/2025 ARISING OUT OF CR.NO.329/2024 REGISTERED BY RURAL POLICE, CHITRADURGA, PENDING ON THE FILES OF SPECIAL 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, FOR THE OFFENCES UNDER SECTIONS 309(6) AND 310(2) OF THE BHARATIYA NYAYA SANHITA, 2023. 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, learned HCGP and perused the material on record. 2. Petitioner has preferred this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), to enlarge him on bail in S.C.No. 7/2025 pending before the Special 2nd Additional District and Sessions Judge, Chitradurga, arising out of Crime No.329/2024 registered at Chitradurga Rural Police Station. 3. FIR was registered against five unknown culprits, on a complaint lodged by one Loganathan.P., for - 3 - HC-KAR NC: 2025:KHC:31456 CRL.P No. 9439 of 2025 the offence punishable under Sections 309(6), 310(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS). 4. It is alleged that on 20.08.2024 during night hours, while he had parked lorry bearing No. TN-52-M- 5257 on the left side of NH-48 near Malapur, Chitradurga Taluk, he was approached by accused No.1, who caught hold of his hand, demanded money and threatened him with a knife. Immediately thereafter, accused Nos.2 to 4 along with the Child in Conflict with Law (for short ‘CICL’) arrived on motorcycles. It is alleged that accused No.1 and the CICL, being armed with knives threatened the complainant, while accused Nos.3 and 4 gagged and assaulted him and demanded money. It is further alleged that accused No.2 removed the complainant’s wallet took Rs.1,100/- cash and discarded the wallet. He also snatched the complainant’s mobile phone and torch, compelled him to unlock the phone, and by coercion transferred a sum of Rs.9,000/- through PhonePe from the complainant’s mobile number to the mobile number of - 4 - HC-KAR NC: 2025:KHC:31456 CRL.P No. 9439 of 2025 accused No.2. Thereafter, the accused persons threw the phone and torch by the roadside and fled the spot on two motorcycles. 5. In the course of investigation, accused os.1 to 3 were arrested on 27.08.2024 and cash was recovered. 6. Learned counsel for the petitioner contended that the accused are strangers and no test identification parade has been conducted. Recovery of cash itself is not sufficient at this stage to hold that the offence has been committed by the petitioner. Similarly placed accused Nos.3 and 4 have been enlarged on bail and the petitioner is languishing in judicial custody from 27.08.2024. He submitted that the petitioner is ready and willing to abide by any conditions and accordingly, sought to enlarge the petitioner on bail. 7. Learned HCGP contended that the petitioner along with other accused has committed dacoity armed with a knife and therefore, the offence committed is - 5 - HC-KAR NC: 2025:KHC:31456 CRL.P No. 9439 of 2025 serious in nature. He contended that if the petitioner is enlarged on bail, he may commit similar offence and also flee from justice. 8. Charge-sheet is filed. The allegations against all the accused are one and the same. This Court has enlarge accused No.3 on bail in Crl.P.No.5408/2025 vide order dated 27.06.2025 and accused No.4 in Crl.P.No. 9501/2025 vide order dated 23.07.2025. Petitioner is in judicial custody from 27.08.2024. In the facts and circumstances, considering that the co-accused are already enlarged on bail, relief sought by the petitioner can be granted by imposing conditions. Hence, the following: ORDER i) Petition is allowed. ii) Petitioner/Accused No.1 is directed to be enlarged on bail in S.C.No.7/2025 pending before the Special 2nd Additional District and Sessions Judge, - 6 - HC-KAR NC: 2025:KHC:31456 CRL.P No. 9439 of 2025 Chitradurga (Crime No.329/2024 of Chitradurga Rural Police Station), subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum 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. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DH/List No.: 1 Sl No.: 31