- 1 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3619 OF 2026 BETWEEN: M. HYDER C/O M.A. MOHAMMED AGED ABOUT 48 YEARS R/AT KANNAMANGALA BENGALURU RURAL KARNATAKA - 562 110. …PETITIONER (BY SRI SUDHANVA D.S, AD.) AND: THE STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.88/2022 REGISTERED BY THE MALLESHWARAM POLICE FOR THE OFFENCES P/U/S 380, 454, 457 OF IPC PENDING BEFORE THE HONBLE 32ND ADDL.CMM, BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 ORAL ORDER 1. Accused No.3 in Crime No.88/2022 registered by Malleshwaram Police Station, Bengaluru City for the offences punishable under Sections 380, 454 & 457 of BNS, 2023 is before this Court under Section 482 of BNS, 2023 seeking anticipatory bail. 2. Heard the learned counsel appearing for the petitioner and learned Addl. SPP on behalf of respondent - State. 3. FIR in Crime No.88/2022 was registered by Malleshwaram Police Station, Bengaluru City for the aforesaid offences against unknown person, on the basis of first information dated 21.06.2022 received from Smt. Pushpa Soni. Apprehending arrest in the said case, the petitioner had filed petition before the jurisdictional Sessions Court in Crl.Misc.No.1059/2026, which was heard and rejected on 19.02.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 4. Learned counsel for the petitioner submits that the only allegation against the petitioner is that he is a receiver of gold jewelry allegedly stolen by accused nos.1 and 2. Accused nos.1 and 2, who were arrested in the present case have been granted bail. The petitioner has no other criminal antecedents. The trial Court has rejected his bail application on a wrong assumption that he was earlier granted anticipatory bail in the present case. He submits that, he was earlier granted anticipatory bail in Crime No.198/2023 registered by the very same Police Station, but in the charge sheet filed in the said case he has been dropped. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP, who has opposed the petition does not dispute the submission made by the petitioner's counsel. She submits that, the petitioner all along has absconded and has not cooperated for recovery of 25 grams of gold jewelry pledged with him by accused nos.1 and 2. - 4 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 6. FIR in the present case was registered against unknown persons. During the course of investigation, accused nos.1 and 2 were arrested and from their possession, out of 175 grams of gold which was stolen from the house of the first informant, about 150 grams of gold jewelry was recovered. During the course of investigation, they allegedly confessed that they had pledged remaining 25 grams of gold jewelry with the petitioner herein. It is under these circumstances, the petitioner has been arraigned as accused no.3 in the present case. Therefore, only the offence punishable under Section 411 of IPC gets attracted as against the petitioner. The said offence is not punishable with death or life imprisonment. 7. It appears that in Crime No.198/2023 registered by the very same Police Station for the offence punishable under Section 392 of IPC, the petitioner is granted anticipatory bail by the jurisdictional Sessions - 5 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 Court in Crl.Misc.No.10528/2023. However, the said order has been wrongly shows an anticipatory bail granted in the present case. Charge sheet filed in Crime No.198/2023 would go to show that, the petitioner is not arraigned as accused in the said case. Undisputedly, the petitioner has no other criminal antecedents. Investigation of the case in the present case is already completed and charge sheet has been filed. Even in Crime No.198/2023 which was registered by the very same police the allegation made against the petitioner was about receiving the stolen gold article. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be allowed subject to appropriate conditions. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. - 6 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.88/2022 registered by Malleshwaram Police Station, Bengaluru City for the offences punishable under Sections 380, 454 & 457 of BNS, 2023 subject to the following conditions:- 1. The petitioner shall appear before the jurisdiction Court in the present case within a period of fifteen days from the date of receipt of certified copy of this order and execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 7 - HC-KAR NC: 2026:KHC:27179 CRL.P No. 3619 of 2026 3. The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 43