- 1 - HC-KAR NC: 2025:KHC:27862 CRL.P No. 5152 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. 5152 OF 2025 BETWEEN: CHINNA G R S/O RAMAKRISHNAPPA AGED ABOUT 35 YEARS, R/O 24-3108/A, SRINIVSA NAGARA, MOTHAKAPALLI, HINDUPURA TOWN, ANANTAPUR DISTRICT ANDHRA PRADESH-515201 …PETITIONER (BY SRI. CHETHAN B, ADVOCATE) AND: THE STATE OF KARNATAKA KODIGENAHALLI POLICE STATION, TUMAKURU-572127 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-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.95/2023 (C.C.NO.67/2024) REGISTERED BY THE RESPONDENT KODIGEHALLI POLICE STATION FOR THE ALLEGED OFFENCES P/U/S 392,34,411,413 OF IPC ON THE Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27862 CRL.P No. 5152 of 2025 FILE OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT MADHUGIRI, TUMAKURU DISTRICT. 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.95/2023 registered by Kodigenahalli 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.95/2023 was registered by Kodigenahalli Police Station, Tumakuru initially for the offence punishable under Section 392 of IPC against unknown two persons based on the first information dated 14.07.2023 received from Girijamma w/o of Hanumanthareddy. During the - 3 - HC-KAR NC: 2025:KHC:27862 CRL.P No. 5152 of 2025 course of investigation, petitioner herein was arrested on 25.05.2024 and subsequently, remanded to judicial custody. After completing investigation, charge sheet was filed against three persons for the aforesaid offences and the petitioner is arraigned as accused No.1 in the charge sheet. 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 was arrested in the present case on 25.05.2024 and thereafter, he has been produced in different cases pending before the different courts with similar allegations. In all the criminal cases registered against the petitioner and others, the accused are common and the allegation in the charge sheet is that petitioner was riding the two wheeler and accused No.2 had snatched the gold chain from the neck of the first informant. In none of the cases there is any recovery at the instance of the petitioner. The petitioner is in custody for the - 4 - HC-KAR NC: 2025:KHC:27862 CRL.P No. 5152 of 2025 last more than one year. In five criminal cases in which the petitioner was produced under body warrant subsequently, he has been granted regular bail. The petitioner is ready and willing to co-operate before the trial Court for the purpose of speedy disposal of the case. In none of the criminal cases registered against the petitioner, the trial is commenced. Accordingly, he prays to allow the petition. 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. In the first information which was submitted by Smt. Girijamma, she has stated that on 14.07.2023 when she was in her agricultural property, two persons came in a scooter and the person who was riding pillion in the scooter got down from the scooter and snatched the gold chain weighing about 40 grams which she was wearing and escaped from the spot. - 5 - HC-KAR NC: 2025:KHC:27862 CRL.P No. 5152 of 2025 During the course of investigation, petitioner was arrested and in the charge sheet which is filed against him, he is identified as the person who was riding the two wheeler and the accused No.2 is the person, who had snatched the gold chain from the neck of the first informant. It is not in dispute that there has been no recovery at the instance of the petitioner in any one of the case registered against him. 7. Learned counsel for the petitioner submitted that after he was arrested in the present case on 25.05.2024, he has been produced under body warrant in all the other pending criminal cases which are now registered against him and he has submitted that out of the 18 criminal cases registered against him, the trial Court has enlarged him on bail in five criminal cases. It is not in dispute that all the criminal cases registered against the petitioner and other accused are all of similar nature. Accused No.3 in all the criminal cases is said to be the person, who had received the stolen articles from accused Nos.1 and 2. Petitioner is in custody in the present case for the last more than one year. The alleged offences are not exclusively punishable with death or life imprisonment. The - 6 - HC-KAR NC: 2025:KHC:27862 CRL.P No. 5152 of 2025 trial in the case has not yet commenced. Apprehension expressed by learned Additional State Public Prosecutor can be taken care of by imposing appropriate condition on the petitioner. 8. Accordingly, the following; (i) The petition is allowed. (ii) The petitioner is directed to be enlarged on bail in Crime No.95/2023 registered by Kodigenahalli 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:27862 CRL.P No. 5152 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 Kodigenahalli Police Station, Tumakuru on every 2nd 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.: 22