Mittal Lal Jain C vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.3 in Crime No.116/2023 registered by Holenarasipura Town Police Station, Hassan District for the offences punishable under Sections 380, 411 and 413 of IPC is before this Court under Section 438 of Cr.P.C, seeking anticipatory bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.116/2023 was registered by Holenarasipura Town Police Station, Hassan District initially for the offence punishable under Section 380 of IPC against unknown person, on the basis of first information dated 27.05.2023 received from Sri Shivananda S/o Late T V Rudrappa. Apprehending arrest in the said case, the petitioner had filed Crl.Misc.No.524/2025, which was rejected on 18.06.2025. Therefore, he is before this Court.

Learned counsel for the petitioner submits that in the earlier criminal case registered against the petitioner he has been granted anticipatory bail. In the present case, he has cooperated with the police for the purpose of investigation. Accordingly, he prays to allow the petition.

Per contra, learned HCGP who has opposed the bail petition, however, does not dispute the submission made by learned counsel for the petitioner.

FIR in the present case has been registered initially for the offence punishable under Section 380 of IPC. After completing investigation, charge sheet is now filed for the offences punishable under Sections 380, 411 & 413 of IPC. The petitioner is arraigned as accused No.3 in the charge sheet. The allegation against him in the charge sheet is that he had received stolen gold jewellery from accused Nos.1 and 2.

The material made available to this Court would go to show that, in the earlier criminal case registered against the petitioner in Crime No.185/2022 by the very same Police Station he has been granted anticipatory bail by the jurisdictional Sessions Court in Crl.Misc.No.525/2025 disposed of on 16.06.2025. In the present case after completing investigation, charge sheet has been already filed.

The learned Sessions Judge in paragraph No.10 of the order passed in Crl.Misc.No.524/2025 has observed that during the course of investigation, in response to the police notice, the petitioner had appeared before the Investigation Officer and had cooperated with him for the purpose of investigation. But the Investigation Officer has not arrested him. Having regard to the aforesaid aspects of the matter, I am of the opinion that, the petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.116/2023 registered by Holenarasipura Town Police Station, Hassan District for the offences punishable under Sections 380, 411 and 413 of IPC subject to the following conditions:

The petitioner shall appear before the Investigating Officer in the present case within fifteen days from the date of this order on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.

The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.

The petitioner shall not involve in similar offences in future.