- 1 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5033 OF 2026 BETWEEN: 1. BHARATH S/O GURUNATH AGED ABOUT 32 YEARS R/AT BEHIND INDIRA BUS STAND VALMIKI CIRCLE, HINDUPURA TOWN SRISATHYASAI DISTRICT ANDHRA PRADESH -515207. …PETITIONER (BY SRI. RAVIKUMARA B.R., ADVOCATE) AND: 1. STATE BY MADHUGIRI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560001. 2. DELETED VIDE COURT ORDER …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; V/O DATED 12.06.2026 R2 IS DELETED) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT BAIL TO THIS PETITIONER IN CR.NO.128/2023 (NOW THE CASE IS NUMBERED AS SC.NO.5057/2025) FOR THE OFFENCES P/U/S 394, 411, 413, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 34 OF IPC, PENDING BEFORE THE IV ADDL. DISTRICT AND SESSIONS COURT, MADHUGIRI. 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.3 in S.C.No.5057/2025 pending before the Court of IV Additional District and Sessions Court, Madhugiri arising out of the Crime No.128/2023 registered by the Madhugiri Police Station, Tumakuru for the offences punishable under Sections 394, 411, 413 and 34 of IPC is before this Court in this petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.128/2023 was registered by the Madhugiri Police Station for the offence punishable under Section 394 of IPC against two unknown persons based on the first information dated 26.07.2023 received from Renukamma, who is the alleged victim in the present - 3 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 case. During the course of investigation, the petitioner was arrested on 27.05.2024 and remanded to judicial custody. After completion of the investigation, charge sheet has been filed against the accused persons. The petitioner is arrayed as accused No.3 in the charge sheet and the offences alleged against him are punishable under Sections 411 and 413 of IPC. His bail application filed before the trial Court in Crl.Misc.No.5053/2026 was rejected on 28.02.2026. Therefore, the petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the allegations against the petitioner relates to receiving of stolen articles. He submits that accused No.1, who is a person with criminal antecedents, has been granted regular bail by this Court in Crl.P.No.5156/2025 on 23.07.2025. The trial in the case is yet to commence. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 5. Per contra, the learned HCGP, who has opposed the petition, submits that the petitioner is a person with criminal antecedents and in the event he is enlarged on bail, he is likely to indulge in committing similar offences. Accordingly, prays to dismiss the petition. 6. In the first information, it is alleged that on 26.07.2023, two persons, who came in a motorbike forcibly snatched the gold chain weighing about 50 grams from the neck of the victim lady and thereafter, escaped from the spot. During the course of investigation, accused No.1, who allegedly had snatched the gold chain from the neck of the victim, was arrested on 25.05.2024. Based on his confession statement that he had pledged the stolen gold chain with the petitioner, subsequently the petitioner was arrested on 27.05.2024 and remanded to judicial custody. 7. The material on record would go to show that the petitioner is involved in some other cases with similar - 5 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 allegations. Accused No.1, who is a person with criminal antecedents, has been granted regular bail by this Court in Crl.P.No.5156/2025. Insofar as the petitioner is concerned, he is in custody in the present case for more than two years. The trial in the case is yet to commence. The alleged offences are not exclusively punishable with death or imprisonment for life. It is trite that the accused cannot be detained in custody as a preventive or precautionary measure. Under the circumstances, in my opinion, his prayer for grant of regular bail needs to be answered in affirmative subject to appropriate conditions. 8. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5057/2025 pending before the Court of IV Additional District and Sessions Court, Madhugiri arising out of the Crime No.128/2023 registered by the Madhugiri - 6 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 Police Station, Tumakuru for the offences punishable under Sections 394, 411, 413 and 34 of IPC, subject to the following conditions: a) The petitioner shall 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; 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; 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 appear before the Station House Officer of Madhugiri Police Station, Tumakuru on every 1st Sunday of the month and mark his attendance between 10.00 a.m. - 7 - HC-KAR NC: 2026:KHC:28557 CRL.P No. 5033 of 2026 and 1.00 p.m. for a period of one year from the date of his release. Sd/- (S VISHWAJITH SHETTY) JUDGE NBM List No.: 1 Sl No.: 51