VIJAY KUMAR @ BANDE VIJI v. THE STATE OF KARNATAKA
CRL.P/12551/2025 · 2025-11-17
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86765 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86765 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47038 CRL.P No. 12551 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 12551 OF 2025 BETWEEN:
1.
VIJAY KUMAR @ BANDE VIJI S/O KESHAVAMURTHY AGED 41 YEARS R/AT NEAR GOVERNMENT SCHOOL RAJAGHATTA HASSAN - 01 …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND:
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THE STATE OF KARNATAKA REP. BY HASSAN EXTENSION POLICE HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01 …RESPONDENT (BY SMT. RASHMI PATEL, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.124/2025, PENDING ON THE FILE OF HONBLE 4TH ADDL. CIVIL JUDGE
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47038 CRL.P No. 12551 of 2025
AND JMFC, HASSAN FOR THE OFFENCES P/U/S. 331(3), 331(4) AND 305 OF BNS BY HASSAN EXTENSION POLICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by sole accused under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.124/2025 of Hassan Extension Police Station registered for offences punishable under Sections 331(3), 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023.
2. Heard
learned counsel for petitioner and learned High Court Government Pleader for respondent- State.
3.
Learned counsel for petitioner would contend that the petitioner is in judicial custody since 26.06.2025. As the charge sheet is filed, the petitioner is not required
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HC-KAR NC: 2025:KHC:47038 CRL.P No. 12551 of 2025
for custodial interrogation. The offences alleged against the petitioner are triable by Magistrate. The offences are not punishable either with death or imprisonment for life. The recovery from the petitioner not only pertains to this case but also pertains to other cases. The grounds of arrest are not furnished as to the petitioner. On these grounds, he prayed for grant of bail. 4. Per contra, learned High Court Government Pleader would contend that the petitioner is involved in 19 cases of theft. The cases against the petitioners are registered from the year 2011 till the present case in the year
2025. The petitioner is a habitual offender, committing similar offences of lurking house trespass, etc., There is a recovery of gold ornaments from the petitioner. There is a prima facie case against the petitioner for offences alleged against him. If the petitioner is granted bail there are chances of he committing similar offence again and fleeing from justice. With these, she prayed to dismiss the petition. - 4 -
HC-KAR NC: 2025:KHC:47038 CRL.P No. 12551 of 2025
5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record. 6. Upon the complaint of one Madhu B., a case has been registered in Crime No.124/2025 of Hassan Extension Police Station against unknown person for offences under Section 331(4), 331(3), 305 of Bharatiya Nyaya Sanhita. The theft has been conducted in the house of the first informant Madhu. When he locked his house at 06.00 p.m. on 11.05.2025 and between 10.00 a.m. on 12.05.2025 the said theft has taken place after sunset and before sunrise. There are 18 articles of theft have been found. Petitioner has been arrested on 06.05.2025 and there is a recovery of theft articles pertaining to Crime No. 17/2025, 87/2025, 34/2024 and present case Crime No. 124/2025. The petitioner is stated to have involved in commission of offences from the year 2011. The details of the said crimes registered against the petitioner are contained in paragraph No.11 of the order of the Sessions
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HC-KAR NC: 2025:KHC:47038 CRL.P No. 12551 of 2025
Court.
Apart from the present case, there are 20 cases registered against the petitioner for similar offences of lurking house trespass, house breaking and theft in dwelling houses. The offences alleged against the petitioner are provided with a punishment which may extend to 14 years. The petitioner is a habitual offender committing similar offences. Merely because charge sheet is filed is not a ground for grant of bail as the petitioner is having criminal antecedents involved in more than 20 cases. The other ground as per learned counsel for the petitioner is that petitioner is not furnished with the grounds of arrest. What are the documents enclosed with the remand application have not been produced along with the petition. The order sheet of the trial Court indicates that the reasons for the arrest have been served on the petitioner. Considering the said aspect, it is clear that petitioner is made known on what grounds he has been arrested. - 6 -
HC-KAR NC: 2025:KHC:47038 CRL.P No. 12551 of 2025
7. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
PSJ CT-SG List No.: 1 Sl No.: 41