Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54260 CRL.P No. 14591 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14591 OF 2025 [(438(Cr.PC) / 482(BNSS)] BETWEEN:
SURESH H.
S/O. HANUMANTA, AGED ABOUT 21 YEARS, RESIDING AT NO.48, 2ND CROSS, NIRMALA STORE, BUS STOP ROAD, HANUMANTHANAGAR, BENGALURU - 560 019. …PETITIONER (BY SRI. K. VISHWANATHA, ADVOCATE) AND:
STATE OF KARNATAKA BY GIRINAGAR POLICE STATION, BENGALURU - 560 085.
REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED UNDER SECTION 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER IN CRIME NO.161/2022 IN C.C.NO.5287/2023 IN THE EVENT OF HIS ARREST BY THE RESPONDENT GIRINAGAR POLICE HE MAY RELEASE ON BAIL FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 380 OF IPC, PENDING ON THE FILE OF LII
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54260 CRL.P No. 14591 of 2025
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU CITY.
THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER This petition is filed by accused No.1 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in C.C.No.5287/2023 (Crime No.161/2022 of Girinagar Police Station), registered for offence punishable under Section 380 of Indian Penal Code.
2. Heard
learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
3.
Learned counsel for petitioner would contend that, the petitioner was not aware of filing of the charge sheet against him. Now, as NBW has been issued against him, he apprehends his arrest. The offence alleged against
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HC-KAR NC: 2025:KHC:54260 CRL.P No. 14591 of 2025
the petitioner is not punishable either with death or imprisonment for life. The theft article is already recovered. The petitioner is undertaking to appear before the trial Court and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition.
4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the petitioner was arrested in some other crime and at his instance, 25 grams of gold chain which is subject matter of theft in this case has been recovered under mahazar. The petitioner has not been arrested in this case and he has been shown as absconding in the charge sheet. The petitioner is having criminal antecedents involved in commission of similar offences. With these, she prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.
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HC-KAR NC: 2025:KHC:54260 CRL.P No. 14591 of 2025
6. The charge sheet has been filed against the petitioner for offence under Section 380 of IPC. In the charge sheet, the petitioner has been shown as absconding. After registering a criminal case, the learned Magistrate has issued NBW against the petitioner. Even though, the said NBW has been issued from time to time, it has not been executed. As the NBW has been issued, the petitioner apprehends his arrest. The petitioner has undertaken to appear before the trial Court and abide by any conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable either with death or imprisonment for life.
7. Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is granted anticipatory bail in C.C.No.5287/2023 (Crime No.161/2022 of Girinagar Police Station) and is ordered to
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HC-KAR NC: 2025:KHC:54260 CRL.P No. 14591 of 2025
be released on bail in the event his arrest, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the trial Court. ii) The petitioner shall voluntarily appear before the jurisdictional Court within 15 days from this day and execute bail bond and furnish surety. iii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iv) The petitioner shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 3