- 1 - HC-KAR NC: 2026:KHC:19808 CRL.P No. 12870 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.12870 OF 2025 (438(Cr.PC)/482(BNSS)) BETWEEN: 1. RAKESH P. S/O PUTTARANAGAIAH AGED ABOUT 27 YEARS R/AT MARABAHALLI VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMKUR DISTRICT-01. …PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY HULIYAR POLICE STATION TUMKURU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI. AYUB ALI KHAN, ADDITIONAL S.P.P.) THIS CRL.P. IS FILED U/S.438 OF CR.P.C. (U/S.482 OF BNSS) PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19808 CRL.P No. 12870 of 2025 ARREST IN C.C.NO.659/2024 IN CONNECTION TO CRIME NO.201/2023 PENDING ON THE FILE OF HON'BLE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, C.N. HALLI, TUMKURU DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTION 394 READ WITH 34 OF IPC., BY HULIYAR POLICE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner is seeking anticipatory bail in C.C.No.659/2024 in connection with Crime No.201/2023 pending on the file of the Additional Civil Judge (Jr.Dn.) and JMFC, C.N.Halli, Tumkur District for the offences punishable under Section 394 read with Section 34 of IPC. 2. Petitioner is accused no.1 in the above case. It is the case of prosecution that on 31.10.2023, at about 08.10 to 08.15 p.m., when CW.2 - Srinivasa was proceeding on a motorcycle bearing registration No.KA-44/R-4971 along with CW.1 - Poornima and CW.3 - Nachiketh from Bellara towards his village, accused nos.1 to 4 along with a juvenile in conflict with law, followed them in a Car and near Bellara Gollarahatti - 3 - HC-KAR NC: 2026:KHC:19808 CRL.P No. 12870 of 2025 road, waylaid the car and accused no.1 assaulted CW.2 with a phopper on his forehead and snatched a gold mangalya chain weighing about 41.930 grams from CW.1 and threatened them with dire consequences and fled away. 3. 3. Learned counsel for the petitioner would contend that pursuant to the incident alleged in the instant case, the petitioner was arrested in some other case and while he was in custody, a body warrant was issued and the required interrogation and investigation in the present case is completed and the presence of the petitioner is not required for further investigation. He submits that Bail is the rule and jail is an exception and the petitioner requires to be enlarged on bail in the event of his arrest. He further submits that without any requirement, the respondent-Police are trying to arrest the petitioner. He also submits that the petitioner is a law abiding citizen, has the necessary properties to furnish surety and he would abide by such terms and conditions as may be imposed, if the bail were to be granted. 4. Learned Additional SPP for the respondent contends that the petitioner has not been arrested in the present case. - 4 - HC-KAR NC: 2026:KHC:19808 CRL.P No. 12870 of 2025 However, he submits that statements of CW.1 to CW.3 clearly disclose that the petitioner is the one who assaulted CW.2, with a chopper and snatched the gold chain from CW.1. He further submits that the petitioner has been identified by the complainant in the Test Identification Parade and there is one more case against him and he is a habitual offender. He also submits that the petitioner is not attending the proceedings before the trial court, though Non-Bailable Warrant is issued against him and he is absconding. He submits that in the event of granting anticipatory bail to the petitioner, there is a possibility of him threatening the witnesses and also jumping the bail and for the said reason, he prays for dismissal of the petition. 5. The contention of the learned counsel for the petitioner that the investigation has been completed, and hence, the petitioner is entitled to be enlarged on bail cannot be accepted. 6. The material on record clearly discloses that the petitioner was armed with a chopper and he assaulted CW.2 and snatched the gold mangalya chain from CW.1. It is a heinous offence which is punishable for a term which may extend upto ten - 5 - HC-KAR NC: 2026:KHC:19808 CRL.P No. 12870 of 2025 years. Further, it is admitted that the petitioner has been involved in a similar case in Crime No.110 of 2023 wherein he has been accused for the offences punishable under Sections 394, 397 and 201 of IPC. Further, he has absconded and has not appeared before the trial court. These facts justify the apprehension of the learned Additional SPP that the petitioner is likely to threaten the witnesses and also jump bail, if he is enlarged on bail. Hence, in my opinion, it is not a fit case for grant of anticipatory bail. 7. For the aforementioned reasons, the petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 3 Sl No.: 1