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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.3723/2021

BETWEEN:-

PRAKASH GANGAPPA BADIGER

S/O. GANGAPPA BADIGER

AGED ABOUT 34 YEARS

R/AT NAVADAGI, MUDDEBIHAL TALUK

VIJAYAPURA DISTRICT 3 586 214

&PETITIONER

(BY SRI MANJUNATH M.R, ADVOCATE)

AND

THE STATE OF KARNATAKA

BY KAMAKSHIPALYA POLICE

REPRESENTED BY STATE PUBLIC

PROSECUTOR, HIGH COURT BUILDING

BENGALURU 3 560 001

&RESPONDENT

(BY SRI K. NAGESHWARAPPA, H.C.G.P)

THIS CRIMINAL PETITION IS FILED UNDER

SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE

PETITIONER ON BAIL IN THE EVENT OF HIS ARREST

IN CR.NO.209/2014 (C.C.NO.10079/2015) FOR THE

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OFFENCES PUNISHABLE UNDER SECTIONS 454, 457,

411, 413, 380 OF IPC

THIS PETITION COMING ON FOR ORDERS ON

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the accused No.4 under

Section 438 of Cr.P.C. for granting anticipatory bail in

Crime No.209/2014 registered by the Kamakshipalya

Police Station, pending in C.C. No.10079/2015 on the file

of XXXIX ACMM Court at Bangalore, for the offences

punishable under Sections 454, 457, 411, 413 and 380 of

IPC.

2.

Heard the learned counsel for petitioner and the

learned High Court Government Pleader for respondent-

State and perused the records.

3.

The case of the prosecution is that on the complaint

of one H. Badharinath the police registered a case in Crime

No.209/2014 for the offences referred above against

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unknown persons alleging that some unknown persons

entered into the house of the complainant and committed

theft of golden ornaments and other materials when the

complainant along with his family had been to pilgrimage

from 18.04.2014 to 21.04.2014. After registering the case

the police arrested accused No.1 to 3 and during

investigation showed the present petitioner, who is said to

be receiver of the stolen articles. The police recorded

statement of the petitioner, recovered golden articles from

him and subsequently the police filed a charge-sheet by

showing this petitioner as accused No.4. The accused was

absconding, subsequently summons were served. NBW

issued also was not executed. Later case was split up

against him. Some of the accused faced trial and accused

No.2 has been acquitted by the learned Sessions Judge in

S.C. No.774/2015. The police are making efforts to arrest

this petitioner. Hence, he approached Sessions Court for

bail which came to be rejected, hence, he is before this

Court.

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3.

Upon hearing the arguments addressed by the

learned counsel for the petitioner and the learned High

Court Government Pleader for the respondent-State, of

course this petitioner was absconding accused/proclaimed

offender, but there is no documents to show that the

petitioner was served with summons. After filing of the

charge-sheet also the NBW has not been executed by the

police. Accused is resident of Vjayapura and the case is

pending before the Court at Bengaluru. The case was split

up against this petitioner.

4.

Sri

Manjunath

M.R.,

learned

counsel

for

the

petitioner brought to the notice of this Court that during

investigation the police visited the shop of the petitioner

and recovered golden ornaments from him and also

recorded his statement. Subsequently the Police filed

charge-sheet by showing the petitioner as accused No.4.

Hence, he prays for granting bail.

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5.

Records reveals that based on the voluntary

statement of co-accused, the stolen ornaments are already

recovered from this petitioner. The alleged offences are

not punishable with death or imprisonment for life. No

recovery is remained. Investigation is completed and

charge-sheet has been filed. Accused No.2 was already

acquitted by the Sessions Judge. Considering these facts

and circumstances of the case, without expressing any

opinion on the merits of the case, if the petitioner