This petition is filed under Section 438 of Cr.P.C., praying

to enlarge the petitioner/accused No.1 on bail in the event of his

arrest in respect of Crime No.100/2019 registered by Jayanagar

Police Station, Bengaluru City, for an offence punishable under

Section 394 of IPC.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent - State.

3.

The factual matrix of the case of the prosecution is

that this petitioner, who has been arraigned as accused No.1

along with accused No.2 on 17.05.2019 in between 5:00 and

5:15 p.m., came in the two wheeler and when C.W.1 was

proceeding in front of the house bearing No.236/16, accused

No.2 was driving the vehicle, came from backside and snatched

the chain. Accused No.1 caused the injuries and half of the

chain was broken and remaining half was with C.W.1 and the

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same is worth of Rs.1,15,000/-. Hence, a case has been

registered against unknown persons at the first instance and

thereafter investigated the matter and filed the charge-sheet.

4.

The learned counsel appearing for the petitioner

would submit that the incident was taken place according to the

prosecution on 17.05.2019 and this petitioner was in custody

from 21.06.2019 in another case. He was in custody from

21.06.2019 to 13.08.2020. In the meanwhile, charge-sheet was

filed on 19.02.2020 showing this petitioner is absconding.

Subsequently, NBW was issued against the petitioner and this

petitioner was not aware of the fact that he has been arraigned

as an accused. The learned counsel also would submit that the

Trial Court has dismissed the bail application only on the ground

that the charge-sheet has already been filed and not entitled for

anticipatory bail.

5.

Per contra, learned High Court Government Pleader

appearing for the respondent - State would submit that the chain

was snatched and there are other four cases against this

petitioner and he is a habitual offender and his presence is

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required. Learned High Court Government Pleader for the

respondent-State further submits that he would commit the

similar offence, if he is released on bail.

6.

Having heard the submissions of the learned counsel

appearing for the petitioner as well as the learned High Court

Government Pleader appearing for the State and also on perusal

of the material available on record and also taking into note of

the incident was taken place on 17.05.2019 apart from that he

was in custody from 21.06.2019 to 13.08.2020, in the

meanwhile, charge-sheet was filed showing his name in the

absconding column and no summons was served on him after

filing of the charge-sheet and NBW was issued. Mere filing of

charge-sheet is not a ground to reject the bail petition and the

Court has to take note of the accusations made in the complaint

as well as the recovery already made in connection with other

criminal cases. When such being the case whether this petitioner

had indulged in such an act or not, is a matter of trial. However,

if the petitioner commits similar offence in future, the State is at

liberty to seek for cancellation of bail. Hence, it is appropriate to

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exercise the discretion under Section 438 of Cr.P.C., in favour of

the petitioner herein, subject to the condition that he has to

appear before the Trial Judge without seeking any exemption.

7.

In view of the discussions made above, I pass the

following:

ORDER

The

petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in the event of

his arrest in respect of Crime No.100/2019 registered by

Jayanagar Police Station, Bengaluru City, for an offence

punishable under Section 394 of IPC, subject to the following

conditions:-

(i)

The petitioner shall surrender himself before

the Trial Court within ten days from the

date of receipt of a certified copy of this

order and shall execute a personal bond for

a sum of Rs.2,00,000/- (Rupees Two Lakh

only) with two sureties for the like-sum to

the