- 1 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 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.5139 OF 2025 BETWEEN: CHINNA G R S/O RAMAKRISHNAPPA, AGED ABOUT 34 YEARS, R/O 24-3108/A SRINIVASA NAGARA, MOTHAKAPALLI, HINDUPURA TOWN, ANANTAPUR DISTRICT, ANDHRA PRADESH-515201 …PETITIONER (BY SRI CHETHAN B, ADVOCATE) AND: THE STATE OF KARNATAKA MADHUGIRI POLICE STATION. TUMAKURU - 572 132 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SMT.ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.32/2024 (C.C.NO.64/2024) REGISTERED BY THE RESPONDENT MADHUGIRI POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 392,34,411,413 OF IPC ON THE FILE OF THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT MADHUGIRI, TUMAKURU DISTRICT. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 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 Accused No.1 in Crime No.32/2024 registered by Madhugiri Police Station, Tumakuru for the offences punishable under Section 392, 411, 413 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC') is before this Court in this successive bail application filed under Section 439 (filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 [for short 'BNSS']) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.), seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.32/2024 was registered by Madhugiri Police Station, Tumakuru initially for the offence punishable under Section 392 read with Section 34 of IPC against two unknown persons based on the first information dated 20.03.2024 received from Yashodhamma W/o. Narasegowda. During the course of investigation, petitioner herein was arrested in Crime No.95/2023 registered by - 3 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 of 2025 Kodigenahalli Police Station, Tumakuru for similar offences on 25.05.2024 and he was produced under body warrant in the present case and subsequently, remanded to judicial custody. His bail application filed before the trial Court was rejected and therefore, he had approached this Court earlier and the said petition was dismissed as withdrawn. It is under these circumstances, the petitioner is before this Court in this successive bail application. 4. Learned counsel for the petitioner submits that petitioner, who was arrested in Crime No.95/2023 registered by Kodigenahalli Police Station, Tumakuru for similar offences on 25.05.2024, was subsequently produced in the present case under body warrant and he is now in custody for the last nearly one year. Trial in the case is not yet commence. In all the criminal cases registered against the petitioner, allegations are similar. There is no recovery of any stolen articles in any one of the case at the instance of the petitioner. Out of the 18 cases registered against him, he has been enlarged on bail in five cases by the trial Court. Accordingly, prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 of 2025 5. Per contra, learned Additional State Public Prosecutor has seriously opposed the petition. She submits that the petitioner is involved in 18 criminal cases of similar nature and modus operandi of the accused in all the cases are similar. In the event the petitioner is enlarged on bail, he is likely to commit similar offences and accordingly prays to dismiss the petition. 6. FIR in the present case was registered against unknown two persons based on the first information submitted by Smt. Yashodhamma. The allegation in the first information is that two persons who came in a two wheeler had snatched the gold chain which totally weighed about 40 grams from the neck of the victim lady and had escaped. During the course of investigation in the present case, the petitioner who was arrested in Crime No.95/2023 was produced under body warrant and after completing investigation, charge sheet has been filed against three persons for the aforesaid offences. 7. The allegation against the petitioner is that he was riding the two wheeler on the alleged date of incident and - 5 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 of 2025 accused No.2 had snatched the gold chain from the neck of the victim. Accused No.3 is the person, who allegedly had received the stolen articles from accused Nos.1 and 2. It is not in dispute that at the instance of the petitioner, there has been no recovery of any stolen articles in any one of the 18 cases registered against him. In all the cases, the alleged modus operandi by accused persons are similar. It is relevant to note that the petitioner, who was arrested in Crime No.95/2023 on 25.05.2024 has been produced in all the other 17 criminal cases and he has been remanded to judicial custody in the said cases. The petitioner has been enlarged on bail by this Court in Crime No.95/2023 by an order of even date passed in Crl.P. No.5152/2025. 8. Learned counsel for the petitioner has brought to the notice of this Court that in five criminal cases in which he was produced under body warrant he has been granted regular bail by the trial Court. The alleged offences are not exclusively punishable with death or life imprisonment. In the cases registered against the petitioner, the trial has not yet - 6 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 of 2025 commenced and he is in custody for the last more than one year. 9. Therefore, I am of the considered view that his prayer for grant of regular bail needs to be answered in the affirmative subject to the appropriate conditions. 10. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.32/2024 registered by Madhugiri Police Station, Tumakuru for the offences punishable under Section 392, 411, 413 read with Section 34 of IPC, subject to the following conditions: (a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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; - 7 - HC-KAR NC: 2025:KHC:27866 CRL.P No. 5139 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. (f) The Petitioner shall appear before the Station House Officer of Madhugiri Police Station, Tumakuru on every 1st Sunday of the month and mark his attendance for a period of one year from today. Sd/- (S VISHWAJITH SHETTY) JUDGE VBS List No.: 1 Sl No.: 0