logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2025 Kar HC 1920 print Preview print print
Court : High Court of Karnataka
Case No : Criminal Petition No. 14615 of 2025 [(438(Cr.PC) / 482(BNSS)]
Judges: THE HONOURABLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Parties : H. Suresh Versus State Of Karnataka, Rep. By Hanumanthanagar Police Station, Bengaluru Rep. By The State Public Prosecutor, Bengaluru
Appearing Advocates : For the Petitioner: K. Vishwanatha, Advocate. For the Respondent: Channappa Erappa, HCGP.
Date of Judgment : 08-12-2025
Head Note :-
Criminal Procedure Code, 1973 – Section 438 – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 – Indian Penal Code, 1860 – Section 380 – Anticipatory Bail – NBW Issued – Custodial Interrogation – FIR Against Unknown Person – Charge Sheet Filed – Allegation of Theft of Gold Ornaments – Petitioner sought anticipatory bail in Crime No.174/2022 for offence under Section 380 IPC.

Court Held – Criminal Petition Allowed – Anticipatory Bail Granted – Court held petitioner entitled to anticipatory bail considering filing of charge sheet, nature of offence, and readiness to comply with conditions. NBW issuance justified apprehension of arrest. Conditions imposed to ensure cooperation. Objection regarding involvement in another case not sufficient to deny relief under Section 438 CrPC/Section 482 BNSS.

[Paras 1, 3, 4, 6, 7]

Keywords: Anticipatory Bail – Section 438 CrPC – Section 482 BNSS – Section 380 IPC – Theft – NBW – FIR Against Unknown Person – Charge Sheet Filed – Custodial Interrogation Not Required – Conditions Imposed.


Comparative Citation:
2025 KHC 51674,
Judgment :-

(Prayer: This crl.p is filed under Section 438 (filed under section 482 BNSS) Cr.p.c praying to grant anticipatory bail to the petitioner in crime no.174/2022 in c.c.no.9217/2023 in the event of their arrest by the respondent Hanumantha nagar police, he may release on bail for alleged offence punishable under section 380 of IPC, pending on the file of xxxvii ACJM, Bengaluru city.)

Oral Order:

1. This petition is filed by sole accused under Section 482 of Bharatiya Nagrika Suraksha Sanhita/ Section 438 of Code of Criminal Procedure, praying to grant anticipatory bail in Crime No.174/2022 of Hanumanthanagar Police Station, registered for offence punishable under Sections 380 of Indian Penal Code, pending in C.C.No.9217/2023 on the file of XXXVII Additional Chief Judicial Magistrate, Bengaluru City.

2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.

3. Learned counsel for petitioner would contend that, the petitioner has been falsely implicated in the case. The FIR is registered against unknown person. The petitioner who was caught in another case has been falsely implicated in the present case. The petitioner is ready to abide by any conditions to be imposed by this Court. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. With these, he prayed to allow the petition.

4. Per contra, learned High Court Government Pleader for respondent would contend that, the offence alleged against the petitioner is theft of gold ornaments of 16 grams. The petitioner is involved in another case in Crime No.296/2022 for offence under Section 397 of Indian Penal Code. Therefore, the petitioner is not entitled for grant of anticipatory bail. With these, he prayed for dismissal of the petition.

5. Having heard the learned counsels appearing for the parties, the Court has perused the charge sheet and other materials placed on record.

6. The alleged incident has taken place on 18.06.2022 and FIR has been registered on 18.06.2022 against unknown person. The charge sheet has been filed on 15.04.2023 and a case came to be registered against the petitioner in C.C.No.9217/2023. As the NBW has been issued against the petitioner, the petitioner is apprehending his arrest. The petitioner is ready to abide by any conditions to be imposed by this Court. As the charge sheet is filed, the petitioner is not required for any custodial interrogation. The offence alleged against a petitioner is not punishable either with death or imprisonment for life.

7. Considering all the above aspects, the petitioner is entitled for grant of anticipatory bail with conditions. In the result, the following;

                  ORDER

                  The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.174/2022 of Hanumanthanagar Police Station, pending in C.C.No.9217/2023 on the file of XXXVII Additional Chief Judicial Magistrate, Bengaluru City and is ordered to be released on bail in the event his arrest, subject to following conditions:

                  i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.

                  ii) The petitioner shall voluntarily appear before the jurisdictional Court Officer within 10 days from this day and execute bail bond and furnish surety.

                  iii) The petitioner shall not tamper the prosecution witnesses.

                  iv) The petitioner shall appear before the trial Court on all dates hearing unless exempted and co-operate for speedy disposal of the case.
 
  CDJLawJournal