Criminal Petition No. 1877 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1877 OF 2025 BETWEEN: SWETHA GOWDA D/O BASAVARAJU AGED ABOUT 27 YEARS R/AT WOW PIZZA BILDING BONEMILL MIAN ROAD SEDEDA HALLI BENGALURU - 560 073. (BY SRI MANJUNATH B.R, ADV.) AND: STATE BY COMMERCIAL STREET POLICE STATION, BENGALURU CITY REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BENGALURU - 560 001. (BY SRI K.A. BELLIAYAPPA, SPP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.174/2024 OF COMMERCIAL STREET POLICE STATION REGISTERED FOR THE OFFENCES P/U/S 318(4), 351(2)(3) , 352 OF BNS, PENDING ON THE FILE OF THE HONBLE 10TH ADDL. CHIEF JUDICIAL MAGISTRATE, AT BANGALORE MAYOHALL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.174/2024 registered by Commercial Street Police Station, Bengaluru City for the offences punishable under Sections 318(4), 351(2), 351(3) & 352 of BNS, 2023 is before this Court under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3.
Legal Reasoning
FIR in Crime No.174/2024 was registered by Commercial Street Police Station, Bengaluru City for the aforesaid offences against the petitioner herein, on the basis of first information dated 09.12.2024 received from
Legal Reasoning
Sri Sanjay Bafna, who is the alleged victim in the present case. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 14.12.2024. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in - 3 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 Crl.Misc.No.25019/2025 was dismissed on 21.01.2025. Therefore, she is before this Court. 5. Learned counsel appearing for the petitioner submits that the petitioner is a lady, aged about 27 years and she is in custody for the last more than three months. Investigation of the case is complete and the alleged offences are triable by the Court of Magistrate and maximum punishment for the alleged offences is imprisonment for a period of seven years. Accused Nos.2 and 3 have been granted bail in this case. Accordingly, he prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition. He submits that the petitioner is a person with criminal antecedents and therefore prayer made by the petitioner cannot be granted. 7. Perusal of the material on record would go to show that, FIR in the present case is initially registered against the petitioner for the alleged offence. During the course of investigation, the petitioner was arrested on - 4 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 14.12.2024. The allegation against the petitioner is that she had approached the first informant, who is the owner of a jewellery shop and the petitioner allegedly had purchased gold jewellery from his shop. It is alleged that the petitioner under the guise of showing gold jewellery to her relatives which she intended to purchase was in the habit of taking gold jewellery to her house to show the same to her relatives and thereafter she used to return the jewellery or purchase the same. It is alleged that gold jewelleries were taken by the petitioner from the shop of the first informant under vouchers and for the period from 26.08.2024 to 08.11.2024, the petitioner had taken total gold jewelleries weighing 2,945.600 grams worth of Rs.2,42,64,800/- had failed to return the same. When the first informant asked the petitioner to return the gold and diamond jewellery taken by her, she allegedly threatened him with dire consequences. It is in this background, he had approached the police. - 5 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 8. During the course of investigation, the petitioner was arrested on 14.12.2024 and subsequently accused Nos.2 and 3 to whom she had sold the gold jewellery taken from the first informant's jewellery shop were also arraigned as accused in the present case. Accused No.2 who was arrested in the present case was granted regular bail by this Court in Crl.P.No.1255/2025. Accused No.3 was subsequently granted anticipatory by this Court. Insofar as the petitioner is concerned, she is in custody for the last more than three months. Investigation of the case is complete and charge sheet has been filed. 9. It is brought to the notice of this Court, prior to registration of FIR in the present case, the petitioner was earlier arraigned as accused in Crime No.326/2022 registered by Yelahanka Police Station with similar allegation. In the said case, she was granted regular bail. The offences for which charge sheet is filed in the present case are triable by the Court of Magistrate and maximum - 6 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 punishment for the alleged offences is imprisonment for a period of seven years. 10. Considering the aforesaid aspects of the matter, and also having regard to the proviso to Section 480 of BNSS, 2023, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 11. Accordingly, the following:
Decision
ORDER The petitioner is directed to be enlarged on bail in Crime No.174/2024 registered by Commercial Street Police Station, Bengaluru City for the offences punishable under Sections 318(4), 351(2), 351(3) & 352 of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 7 - NC: 2025:KHC:12333 CRL.P No. 1877 of 2025 unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS