- 1 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 17314 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SRI.BALVEER SINGH @ VEERENDRA SINGH @ VEER SA S/O. GULAB SINGH AGED ABOUT 27 YEARS R/AT. DUGAJI KA GAON RAJSAMAND DISTRICT RAJASTHAN-305 921. …PETITIONER (BY SRI. K. RAMA SINGH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ROBERTSONPET POLICE STATION, K.G.F, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001. …RESPONDENT (BY SRI HARISH GANAPATHY, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 (FILED UNDER SECTION 482 BNSS) Cr.P.C PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER IN THE EVENT OF HIS ARREST IN CRIME NO.122/2025 BY ROBERTSONPET P.S., FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 306, 238, 61(2), 95, 3(5) OF BNS 2023 AND SEC.83 OF JJ ACT. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 THIS PETITION, COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.6 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.122/2025 of Robertsonpet Police Station registered for offences under Sections 306, 238, 61(2), 95, 3(5) of BNS and Section 83 of Juvenile Justice (Care and Protection of Children) Act, 2023. 2. Heard the learned counsel for petitioner and learned HCGP for respondent/State. 3. Learned counsel for petitioner would contend that now the charge sheet has been filed wherein the petitioner has been shown as absconding. The allegation against the petitioner is receiving the stolen property and sale of the stolen property. As the charge sheet is filed the petitioner is not required for - 3 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 custodial interrogation. The offence under Section 306 of BNS is triable by Magistrate and provided with punishment of imprisonment for 7 years. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that totally 24 golden items have been stolen and the total weight is 1 kg 93 grams out of it only 60 grams have been recovered. The petitioner and accused No.4 are possessing remaining stolen golden articles and they have to be recovered from them. The petitioner is a resident of Rajasthan and he is involved in Crime No.277/2022 of Bhim Police Station registered for offences under Section 147, 148, 153, 295A, 307 of IPC and in that case he has been granted bail on 26.03.2025 and the said case is pending in the Court. He is also involved in Crime No.191/2020 of Bhim Police Station registered for the offences under Sections 341, 232, 427, 34 of IPC. Petitioner is - 4 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 having criminal antecedents. If the petitioner is granted bail, it is difficult for recovering the remaining stolen articles. The petitioner is required for custodial interrogation and for recovery of the remaining stolen articles. With this, he prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. On perusal of column - 17 of the charge sheet indicates that accused Nos.1 to 5 and juvenile accused Nos.1 and 2 have planned to commit theft in the jewellary shop. In furtherance of their conspiracy juvenile accused No.1 was made to join the shop of Bastimal Bohra and was staying in a lodge at KGF and accused No.1 was paying for the charges of the said lodge. The juvenile accused Nos.1 and 2 were in contact with the accused persons. That on 15.10.2025, when the said shop was under process of - 5 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 cleaning for Diwali festival, in the afternoon when there were nobody in the first floor, juvenile accused No.1 in the guise of going to toilet, went to first floor, took two plastic boxes containing 1 kg 93 grams 400 miligrams weighing golden ornaments and went to bathroom situated in second floor and kept the golden ornaments in his pant and threw the plastic boxes there and came out of the shop and asked juvenile accused No.2 to come to Gandhi Circle. Thereafter, they went to Bhim at Rajasthan and met accused Nos.2, 3, 5, 7 and went with them to the garden house of this petitioner/accused No.6. Thereafter accused Nos. 3, 5 and this petitioner/accused No.6 took juvenile accused Nos.1 and 2 to the house of acquaintance of this petitioner. Thereafter on 18.10.2025, accused Nos.5 and 6 took the stolen golden articles for getting them checked and they took two chains weighing 55 grams and sold it to CW.13 for - 6 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 Rs.4,00,000/- and taken Rs.3,50,000/- keeping balance of Rs.50,000/-. Out of them accused No.5 took Rs.50,000/- and the Juvenile accused Nos.1 and 2 were informed by accused No.3 that they were sold for Rs.3,50,000/- and gave them Rs.2,00,000/- and told them that he will give remaining amount subsequently and took the remaining articles and went away. Thereafter juvenile accused Nos.1 and 2 and accused No.3 went to Godaji Village and gave Rs.2,00,000/- to accused No.4. Thereafter accused Nos.5 and 6 went to his house and talked with him and divided the stolen golden articles in two parts and went away. Thereafter on 22.10.2025, this petitioner/accused No.6 came to Dungaji Ka Gaon Village through accused No.7 secured accused No.5, took the golden ornaments from him, stating that they will be sold through this petitioner/accused No.6. - 7 - HC-KAR NC: 2026:KHC:4511 CRL.P No. 17314 of 2025 7. Considering the above aspects, the petitioner is having possession of stolen golden articles. The petitioner and accused No.4, who are possessing the stolen golden articles, are absconding and they are required for custodial interrogation and recovery of the stolen golden articles. The petitioner is having criminal antecedents and involved in two cases namely Crime No.191/2020 of Bhim Police Station and Crime No.277/2022 of Bhim Police Station. 8. Considering the above aspect, the petitioner is having criminal antecedents. Therefore, the petitioner is not entitled for grant of discretionary relief of anticipatory bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 9 Ct.sm