- 1 - HC-KAR NC: 2026:KHC:26887 CRL.P No. 5897 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.5897 OF 2026 BETWEEN: 1. RAHUL YASHVANTH MORE, S/O YASHVANTH, AGED ABOUT 26 YEARS, RESIDING AT SUMANA NIVASA, ANANDA NAGAR, PATRADI TALUK, AHAMAD NAGAR, MAHARASHTRA-414 102. PRESENTLY RESIDING AT LAXMI APPARTMENT, FLAT NO.104, NEAR ISMS COLLEGE, VADAGAON, BUDRUK, PUNE DISTRICT, MAHARASHTRA-413 714. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. THE STATE BY MANGALORE SOUTH POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560001 …RESPONDENT (BY SRI. CHENNAPPA ERAPPA, HCGP) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26887 CRL.P No. 5897 of 2026 THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRL. MISC.NO.68/2025 (CRIME NO.171/2025 OF MANGALORE SOUTH POLICE STATION), REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 137(3), 204, 310(2), 140(3) R/W 190 OF BNS, PENDING ON THE FILE OF ON THE FILE OF JMFC (II COURT), MANGALORE, IN CC NO.4676/2025. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 2. The factual matrix of the case of the prosecution is that this petitioner, who has been arrayed as accused No.3 along with other accused on 13.08.2025, in furtherance of the common object, kidnapped the victim in a Innova Car and snatched away 350 grams of gold ingot at 7.00 a.m. by stating that they are the Customs officials and the worth of the gold is about Rs.35,00,000/- and based on the complaint, police have registered the case and investigated the matter and filed the charge-sheet. - 3 - HC-KAR NC: 2026:KHC:26887 CRL.P No. 5897 of 2026 3. The learned counsel for the petitioner would vehemently contend that this petitioner has not joined in committing such offence and he is in custody from 9½ months and the offence is also not punishable with death or imprisonment for life and maximum punishment is seven years. In view of the completion of investigation, keeping him in custody amounts to keeping him in custody without the trial and violates Article 21 of the Constitution. The learned counsel submits that the petitioner is ready and willing to obey the conditions that may be imposed by this Court. The learned counsel also submits that this petitioner is not involved in any such act and there is no any criminal antecedents against this petitioner. 4. Per contra, the learned High Court Government Pleader appearing for the respondent/State submits that against this petitioner there is no any criminal antecedents, but accused No.4 is involved in four cases. The learned counsel also would submit that this petitioner is the resident of Maharashtra and if he is enlarged on bail, there are chances of him fleeing away from justice and hence, prays this Court to reject the bail petition. - 4 - HC-KAR NC: 2026:KHC:26887 CRL.P No. 5897 of 2026 5. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader and taking note of the offences invoked against the petitioner, recovery is made not at the instance of this petitioner and recovery is made at the instance of accused No.2. The gold ingot is already recovered to an extent of 349.20 grams and the claim is also to an extent of 350 grams worth of Rs.35,00,000/-. When such being the case and when the investigation is completed, there is no need of continuing the petitioner in custody when there is no any other criminal antecedents against him and he may be enlarged on bail with conditions keeping in view the submissions made by the learned High Court Government Pleader that he is the resident of Maharashtra. 6. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crl.Misc.No.68/2026 (Crime No.171/2025) of Mangalore South Police Station, - 5 - HC-KAR NC: 2026:KHC:26887 CRL.P No. 5897 of 2026 Mangaluru City, for the offences punishable under Sections 137(2), 204, 310(2), 140(3) read with 190 of BNS, subject to the following conditions: (i) The petitioner/accused No.3 shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two local sureties for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 2