- 1 - HC-KAR CNR: KAHC010465122026 NC: 2026:KHC:43365 CRL.P No. 9962 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9962 OF 2026 BETWEEN: O. BHARATHKUAR @ BHARATH S/O GURUNATHAM AGED ABOUT 34 YEARS R/AT BEHIND INDIRA BUS STAND VALMIKI CIRCLE HINDUPURA TOWN SRISATHYASAI DISTRICT ANDHRA PRADESH - 515 207 (AGE AND ADDRESS AS PER THE CHARGESHEET) …PETITIONER (BY SRI RAVIKUMARA B.R, ADV.) AND: STATE BYMADHUGIRI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO THIS PETITIONER IN CR. NO.202/2023 (NOW NUMBERED AS SC NO.5053/2025) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 392, 34, 411 AND 413 OF IPC PENDING BEFORE THE HONBLE IV ADDL. DISTRICT AND SESSION COURT, MADHUGIRI, BY DIRECTING THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE IN CR. NO.202/2023 (NOW NUMBERED AS SC NO.5053/2025) FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 392, 34, 411 AND 413 OF IPC. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010465122026 NC: 2026:KHC:43365 CRL.P No. 9962 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused No.3 in S.C.No.5053/2025 pending before the Court of IV Addl. District & Sessions Judge, Madhugiri, arising out of Crime No.202/2023 registered by Madhugiri Police Station, Tumakuru District, registered for the offences punishable under Sections 411, 413, 392 and 34 of IPC, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.202/2023 was registered initially against unknown persons for the offences punishable under Sections 392 and 34 of IPC. After completing investigation, charge sheet is filed for the aforesaid offences and petitioner is arrayed as accused no.3 in the charge sheet. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.5324/2024 before the jurisdictional Sessions Court, which was rejected on 03.12.2024. Therefore, he is before this Court in this petition. - 3 - HC-KAR CNR: KAHC010465122026 NC: 2026:KHC:43365 CRL.P No. 9962 of 2026 4. Perusal of the material on record would go to show that petitioner was arrested on 27.05.2024 in Crime No.128/2023 registered by Madhugiri Police Station, for the offences punishable under Sections 394, 411 & 413 of IPC. After the charge sheet was filed in the said case on the allegation that he had purchased the gold jewellery robbed by accused nos.1 & 2 in the said cases, petitioner was granted regular bail by this Court in Crl.P.No.5033/2026 disposed of on 12.06.2026. Therefore, it is apparent that for a period of more than two years, petitioner was in custody in Crime No.128/2023 registered by Madhugiri Police Station, Tumakuru District. 5. The material made available to the court by the learned Counsel for the petitioner would go to show that during the course of investigation in Crime No.128/2023, the stolen articles which were purchased by the petitioner from accused nos.1 & 2 even in the present case have been recovered. Though the petitioner was in custody in Crime No.128/2023 for a period of two years, no effort was made by the prosecution to secure his presence under body warrant in the present case. Therefore, it has to be presumed that the Investigation Officer - 4 - HC-KAR CNR: KAHC010465122026 NC: 2026:KHC:43365 CRL.P No. 9962 of 2026 did not want the custody of the petitioner for the purpose of interrogation as recovery of the stolen articles even in the present case was made during the course of investigation in Crime No.128/2023. 6. In the present case, investigation of the case is already completed. Petitioner has undertaken to cooperate before the Trial Court and abide by the conditions that may be imposed on him. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 7. The petition is allowed. 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 S.C.No.5053/2025 pending before the Court of IV Addl. District & Sessions Judge, Madhugiri, arising out of Crime No.202/2023 registered by Madhugiri Police Station, Tumakuru District, registered for the offences punishable under Sections 411, 413, 392 and 34 of IPC, subject to the following conditions: - 5 - HC-KAR CNR: KAHC010465122026 NC: 2026:KHC:43365 CRL.P No. 9962 of 2026 1. The Petitioner shall appear before the Trial Court within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witnesses 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 DN List No.: 1 Sl No.: 56