- 1 - HC-KAR NC: 2025:KHC:27058 CRL.P No. 12971 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12971 OF 2024 (439(Cr.PC) / 483(BNSS) BETWEEN: NATARAJA MOGERA, S/O LATE NARAYANA MOGERA, AGED ABOUT 24 YEARS, RESIDING AT MELINAMANE, BEHIND SODIGADDE TEMPLE, BELKE VILLAGE, BHATKALA TALUK, UTTARA KANNADA DISTRICT, PIN – 581 320. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: STATE BY KARKALA TOWN P. S. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001. …RESPONDENT (BY SMT. SOWMYA R., HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.24/2018 (CR.NO.25/2018 OF KARKALA TOWN P.S.) PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, (ITINERARY SITTING AT KARKALA), REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 457, 395, 397, 414, 120(B) R/W 34 OF IPC. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27058 CRL.P No. 12971 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in S.C.No.24/2018 (arising out of Crime No.25/2018 of 1st respondent – Police) for the offences punishable under Sections 457, 395, 397, 414 and 120-B r/w Section 34 of IPC, pending before the II Additional District and Sessions Judge, Udupi (Itinerary sitting at Karkala). 2. It is the case of the prosecution that on 03.02.2018, the petitioner along with other accused hatched a conspiracy to commit robbery and as such, on 04.02.2018 at about 1 p.m., they entered the complainant’s house Smt. Yashoda Bhat, Banglagudde, Kasaba Village of Karkala Taluk, they assaulted the complainant’s husband and committed robbery and stole cash of Rs.1 lakh and gold ornaments worth Rs.75,000/-. Thereafter, the complainant filed a complaint before the 1st respondent – Police, which resulted in registering an FIR in Crime No.25/2018 for the offences punishable under Sections 457, 395, 397, 414 and 120-B r/w Section 34 of IPC. - 3 - HC-KAR NC: 2025:KHC:27058 CRL.P No. 12971 of 2024 3. Heard learned counsel for the petitioner and learned HCGP for the respondent-State and perused the material on record. 4. Learned counsel for the petitioner submits that the petitioner was arrested in the year 2018 and he is in judicial custody and after investigation, the police have filed the charge sheet and the case has been committed to Sessions Court and is numbered as S.C.No.24/2018. Further, it is submitted that the petitioner has been falsely implicated in the said case only on the basis of self-serving further statement of the complainant and other witnesses and no Test Identification Parade was conducted and there is no specific averment against the petitioner in the complaint filed by the complainant. It is therefore submitted that the petition may be allowed and petitioner may be enlarged on bail. 5. Learned HCGP for the respondent – State would oppose the petition and submits that the petitioner is involved in similar other cases and if he is released on bail, he may commit similar offences and also abscond from the clutches of law and therefore, prays for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:27058 CRL.P No. 12971 of 2024 6. A perusal of the material on record including the FIR, complaint, charge sheet materials, statement of witnesses, documents, etc., will clearly indicate that nowhere it is stated by the complainant in her complaint that the petitioner was directly / indirectly involved in the alleged incident and has committed the offences alleged. It is further evident from the material on the record that the trial in S.C.No.24/2018 is pending from 2018 and petitioner is in custody since 2018. It is relevant to state that after investigation, respondent-police have filed charge sheet in the present case and therefore, there is no threat of the petitioner tampering with the witnesses / evidence if he released on bail. Under these circumstances, I am of the view that the petitioner is entitled to be released on bail by imposing certain conditions. 7. Accordingly, the petition is allowed. The petitioner- accused No.1 is ordered to be released on bail, subject to the following conditions: i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and shall furnish one surety for the likesum to the satisfaction of the trial Court / Sessions court. - 5 - HC-KAR NC: 2025:KHC:27058 CRL.P No. 12971 of 2024 ii. Petitioner shall not tamper or attempt to tamper with any of the prosecution witnesses, directly or indirectly. iii. Petitioner shall appear before the concerned Court regularly as and when required. iv. Petitioner shall mark his attendance before the SHO of the concerned Police Station between 10 a.m. and 2 p.m., once in every two weeks for a period of three months. v. Petitioner shall not get involved in similar offences. vi. Petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court. If any of these conditions are violated, the prosecution is at liberty to move the matter for cancellation of bail. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.