IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12644 OF 2024 (439(Cr.PC) /

483(BNSS))

BETWEEN:

RAGHAVENDRA @ RAGHU S/O. ANANDA, AGED ABOUT 34 YEARS, R/O. DOOR NO.34, MADDUR HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 428.

…PETITIONER (BY SRI ANAND R. V., ADVOCATE)

AND:

STATE OF KARNATAKA BY CHANNARAYAPATNA TOWN POLICE STATION HASSAN DISTRICT-573116 REP. BY STATE PUBLIC PROSECUTOR, ATTACHED HIGH COURT BUILDINGS, BENGALUR-560 001.

…RESPONDENT (BY SRI M.R. PATIL, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CRIME NO.189/2024 (CHANNARAYAPATNA TOWN POLICE STATION, HASSAN DISTRICT) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 311, 352, 351(2), 351(3), 310(2), 309(6) AND 312 OF BNS ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN)

AND J.M.F.C COURT CHENNARAYAPATNA HASSAN DISTRICT.

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. The accused No.4 in Crime No.189/2024 registered by Channarayapatna Town Police Station, Hassan District, for offenses punishable under Sections 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of Bharatiya Nyana Sanhita, 2023 (for short ‘BNS, 2023’) is before this Court under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.189/2024 was registered by Channarayapatna Town Police Station, for the offenses punishable under Section 311, 352, 351(2), 351(3), 310(2), 309(6) and 312 of BNS, 2023 on the basis of the first information dated 28.07.2024 received from Sri. Manikanta M.S. S/o. Somanna T.N., against unknown five persons. During the course of investigation of the case, the petitioner herein was arrested on 31.07.2024 and subsequently remanded to judicial custody. The investigation of the case is completed and charge-sheet has been filed against eight persons. Petitioner is arraigned as accused No.4 in the charge-sheet. The bail application filed by him before the jurisdictional Sessions Court in Criminal Misc. No.1158/2024 was rejected on

07.11.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner submits that, the petitioner is in custody for the last nearly six months. Investigation of the case is completed. He has been falsely implicated in another case after he was arrested in the present case. There is no recovery from the petitioner in the present case. Accordingly, prays to allow petition. 5. The learned HCGP has opposed the petition. He submits that, petitioner is a person with criminal antecedent. In the event, he is enlarged on bail, he is likely to tamper with the prosecution witnesses and also commit similar offenses. Accordingly, he prays to dismiss the petition.

6. FIR in the present case was registered against unknown five persons on the basis of the first information dated 28.07.2024 received from the first informant Sri. Manikanta M.S. S/o. Somanna T.N. In the first information it is averred that on 27.07.2024 at about 10:30 p.m. when the first informant and his friend had parked their car on the side of the National Highway from Bangaluru to Mangaluru, five persons who came in a car, took out a dragon knife and after threatening the first informant and his friend, had robbed them of their gold chain weighing 30 grams, one gold dollar weighing five grams, two gold finger rings weighing four grams each, cash of Rs.16,000/- and thereafter escaped from the spot. During the course of investigation, the police have totally arrested eight persons and charge-sheet has been filed as against the said eight persons. The allegation in the charge-sheet is that accused Nos.1, 2 and 8 had arrived at the spot of the crime in two wheelers, whereas, accused Nos.3 to 7 had arrived in a car bearing registration No.KA-55/M-8445. The petitioner is said to b