- 1 - HC-KAR NC: 2025:KHC:26545 CRL.P No. 2930 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.2930 OF 2025 BETWEEN: SHIVAPRASAD @ NAYIKALLA @ GUNDA S/O LATE SHIVASHANKAR, AGED ABOUT 32 YEARS, R/AT 5TH CROSS, SRINIVASA COLONY, A.G.S. LAYOUT, UTTARAHALLI, BENGALURU-570002 …PETITIONER (BY SRI VINOD N, ADVOCATE) AND: STATE OF KARNATAKA BY RAJARAJESHWARI NAGAR P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001 …RESPONDENT (BY SMT.RASHMI PATEL, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER I.E., ACCUSED NO.2 ON BAIL IN S.C.NO.545/2024 I.E., CRIME NO.40/2024 REGISTERED BY THE RAJARAJESHWARI NAGAR P.S, FOR THE OFFENCE PUNISHABLE UNDER SECTION 392, 397, 411 R/W SECTION 34 OF IPC PENDING ON THE FILE OF THE COURT OF LXI ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26545 CRL.P No. 2930 of 2025 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.545/2024 pending before the Court of LXI Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.40/2024 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under Sections 392, 397, 411 read with 34 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard learned counsel for the parties. 3. FIR in Crime No.40/2024 was registered by Rajarajeshwari Nagar Police Station, Bengaluru, for the offence punishable under Section 397 of IPC against unknown persons based on the first information dated 05.02.2024 received from Nitya, wife of Ramesh. During the course of investigation, petitioner herein was arrested on 13.02.2024 and after completing the investigation; charge sheet has been filed against four persons. Petitioner is arrayed as accused No.2 in the charge sheet. The bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.7950/2024 was - 3 - HC-KAR NC: 2025:KHC:26545 CRL.P No. 2930 of 2025 rejected on 09.09.2024. Therefore, he is before this Court seeking regular bail. 4. Learned counsel for the petitioner submits that in the present case, petitioner is in custody for the last more than 1 year 5 months. Out of 9 other criminal cases registered against the petitioner, six cases have ended in acquittal and in two other criminal cases, charge sheet is not filed though the said criminal cases were registered against him in the year 2013 and 2021 respectively. Except the present case, only one criminal case is pending against the petitioner and in the said case, he is enlarged on bail. Hence, prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition. She submits that the petitioner is a habitual offender and if he is enlarged on bail, he may involve in committing similar offences. Hence, prays to dismiss the petition. 6. In the first information which is submitted on 05.04.2024, the first informant who is the victim has alleged that on 05.02.2024 at about 9.00 p.m., when she came out of her - 4 - HC-KAR NC: 2025:KHC:26545 CRL.P No. 2930 of 2025 house for the purpose of parking her vehicle, two persons aged about 22-25 years came in a motorbike. All of a sudden they stopped the bike and the pillion rider who was armed with a weapon snatched the gold chain weighing about 45 grams from her neck and thereafter, they escaped from the spot in the two wheeler in which they came. 7. During the course of investigation, petitioner herein was arrested on 13.02.2024. After completing the investigation, charge sheet has been filed against four persons. As per the charge sheet allegation, accused Nos.1 and 2 were the persons who came in the two wheeler and committed the crime on 05.02.2024. As per the first information, the accused persons who came in the two wheeler were wearing mask. The gold chain which was snatched from first informants neck has been recovered from Attica Gold Company, where the accused had pledged the same. 8. It is brought to the notice of this Court that out of the 9 criminal cases which were registered against the petitioner, in six cases, he has been acquitted and in two other cases, charge sheet has not been filed though the said cases are of the year - 5 - HC-KAR NC: 2025:KHC:26545 CRL.P No. 2930 of 2025 2013 and 2021 respectively. In the other criminal case registered against the petitioner, he is said to have been enlarged on bail. In the present case, the petitioner is in custody from 13.02.2024 and trial in the case is get to commence. The apprehension expressed by learned High Court Government Pleader can be taken care of by imposing appropriate conditions. 9. Hence, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.40/2024 registered by Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under Sections 392, 397, 411 read with 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 - 6 - HC-KAR NC: 2025:KHC:26545 CRL.P No. 2930 of 2025 Trial Court exempts his appearance for valid reasons; (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) Petitioner is directed to appear before the SHO of Rajarajeshwari Nagar Police Station, Bengaluru, on every alternative Sunday of the month between 10.00 a.m. and 1.00 p.m., and mark his attendance till the cases pending against him are disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE MV, List No.: 1 Sl No.: 29