IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 14536 OF 2025 (439(Cr.PC) /

483(BNSS))

BETWEEN:

1. SURESH S/O NAGENDRAPPA AGED ABOUT 35 YEARS RESIDENCE AT KANAKAGONDANAHALLI VILLAGE KADUR TALUK CHIKKAMAGALURU DISTRICT – 577 548.

…PETITIONER (BY SRI CHAKRAVARTHY T S, ADVOCATE)

AND:

1. STATE OF KARNATAKA BY SANTHEBENNUR POLICE STATION, DAVANAGERE. Digitally signed by LAKSHMINAR AYANA MURTHY RAJASHRI REPRESENTED BY Location: HIGH COURT OF STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDINGS BANGALORE – 560 001.

…RESPONDENT (BY SRI HARISH GANAPATHY, HCGP)

THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/SOLE ACCUSED ON REGULAR BAIL IN CR No.18/2025 IN SANTHEBENNUR POLICE STATION, DAVANAGERE AND NOW S.C No.82/2025 ON THE FILE OF THE HON’BLE I ADDL.DISTRICT AND SESSIONS JUDGE AT DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 304, 119, 307, 109, 309(6), 311, 3(5) OF THE BNS

2023.

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused No.1 under Section

483 of BNSS praying to grant bail in S.C.No.82/2025 (Crime No.18/2025 of Santhebennur Police Station), pending on the file of I Additional District and Sessions Judge, Davanagere, registered for offences under Section

304, 119, 307, 109, 309(6), 311, 3(5) of BNS.

2. Learned counsel for the petitioner would contend that recovery of gold ornament is from accused No.2. CW.1, CW.4 and CW.5 have sustained simple injuries. Accused No.2 has been granted bail by the trial Court. The petitioner is having wife and two children, who are dependent on him. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. The petitioner is in judicial custody since last

1 year. With this, he prayed to allow the petition.

3. Per contra, learned HCGP would contend that this petitioner has snatched the golden chain of CW.1 and at that time he was caught by CW-1, CW.4 and CW.5 and in order to escape he has assaulted CW.1, CW.4 and CW.5 with a stone. Inspite of that the petitioner has been caught and handed over to police. The bike used by accused Nos.1 and 2 was a stolen bike involved in Crime No.49/2025 of Davangere Extension Police Station. The petitioner is having criminal antecedents. If the petitioner is granted bail, there are chances of him threatening the prosecution witnesses and committing similar offence.

With this, he prayed to reject the petition.

4. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record.

5. As per charge sheet, the case of the prosecution is that the petitioner/accused No.1 and another/accused No.2 using the stolen bike in order to give drop made CW.1 to sit on their bike and after a distance they threw the cloth bag and made her to alight from the bike and when she was picking her cloth bag, accused No.1 snatched her golden chain and gave it to accused No.2 who went away with the same on the bike. At that time when CW1 streamed, CW4 and CW5 came and caught hold of accused No.1. At that time accused No.1 in order to escape assaulted CW1, CW4 and CW5 with a stone and caused injuries. The petitioner has been caught red handed at the time of committing the offence. The petitioner in order to escape has assaulted CW1, CW4 and CW5 with stone and attempted to commit the murder of them. The offence alleged against the petitioner is a heinous offence. It is stated that he is also involved in bike theft in Crime No. 49/2025 of Davanagere Extension Police Station.

6. Considering the above aspect, the petitioner has not made any grounds for grant of bail. In the result, the petition is dismissed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE DKB List No.: 1 Sl No.: 4 Ct.sm