Sri Gowtham Vs State of Karnataka

THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ALLOW THE PETITION AND ENLARGE ON ANTICIPATORY BAIL IN RELATION TO THE CRIME NO.124/2025 GONIBEEDU POLICE IN RELATION TO THE FOR AN ALLEGED OFFENCE P/US/ 303(2) OF BNS 2023 AND ON THE FILE OF THE ADDL CIVIL JUDGE (Sr.Dn.) AND CJM COURT, MUDIGERE.

¶16

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

¶17

2 -

¶18

NC: 2026:KHC:26542 CRL.P No. 4458 of 2026

¶19

HC-KAR

¶20

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶21

ORAL ORDER

¶22

1. Accused No.2 in Crime No.124/2025 registered by Gonibeedu Police Station, Chikkamagaluru, for the offence punishable under Sections 303(2) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

¶23

2. Heard the learned counsel for the parties.

¶24

3. FIR in Crime No.124/2025 was registered by Gonibeedu Police Station, Chikkamagaluru, for the aforesaid offences against unknown persons based on the first information dated 12.12.2025 received from G R Rangaswamy. During the course of investigation of the said case, some of the accused persons were arrested and in their remand application, petitioner was shown as accused No.2. Apprehending arrest in the said case, petitioner had filed Crl.Misc.No.16/2026 before the jurisdictional Sessions Court, which was rejected on 24.01.2026. It is under these circumstances, petitioner is before this Court.

¶25

3 -

¶26

NC: 2026:KHC:26542 CRL.P No. 4458 of 2026

¶27

HC-KAR

¶28

4. FIR in the present case was registered against unknown persons alleging that 18 bags of Arebica Cherry Coffee seeds worth about Rs.2,80,000/- was stolen from the godown of first informant's estate. During the course of investigation, some of the accused have been arrested and totally 15 bags of Arebica Cherry Coffee seeds, have been recovered from them in the present case from them.

¶29

5. Learned counsel for the petitioner has submitted that petitioner is arraigned as an accused only based on the confession statement of the co-accused and there is no other material to connect him to the crime. Petitioner has undertaken to cooperate with the police for the purpose of investigation. The alleged offences are triable by the Court of Magistrate and the maximum punishment for the same is imprisonment for a period of three years. Considering the aforesaid aspects of the matter, I am of the opinion that by imposing stringent conditions on the petitioner, his prayer for grant of anticipatory bail needs to be answered affirmatively. Accordingly, the following:-

¶30

4 -

¶31

NC: 2026:KHC:26542 CRL.P No. 4458 of 2026

¶32

HC-KAR

¶33

The 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.124/2025 registered by Gonibeedu Police Station, Chikkamagaluru, for the offence punishable under Sections 303(2) of BNS, 2023, subject to the following conditions:

¶34

Petitioner shall appear before the Investigation Officer on 11.06.2026 at 10.30 a. m. and on the said date, the Investigation Officer is at liberty to take him into custody if necessary for the purpose of interrogation. However, it is made clear that after interrogation, Investigation Officer shall release the petitioner on the same day on or before 06.00 p.m. subject to petitioner executing 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 Investigating Officer;

¶35

The petitioner is directed to appear before the Station House Officer, Gonibeedu Police Station, Chikkamagaluru, on every alternative Sunday between 10.00 a.m. and 01.00 p.m. and mark his attendance, till charge sheet is filed in the present case.

¶36

5 -

¶37

NC: 2026:KHC:26542 CRL.P No. 4458 of 2026

¶38

HC-KAR

¶39

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

¶40

Petitioner shall not tamper with the prosecution witnesses and he shall co-operate with the police for investigation and appear before them whenever called upon.

¶41

The petitioner shall not involve in similar offences in future.

¶42

Sd/-

¶43

(S VISHWAJITH SHETTY) JUDGE

¶44

DN

¶45

List No.: 1 Sl No.: 53

Sri Gowtham v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Gowtham v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Manjunath G R Vs State of Karnataka

Chikka Muthu K @ Chikka Muttu Vs State of Karnataka

Sri C M Poonacha Vs the State of Karnataka

N. Arun Kumar Alias Arun Alias Appi Vs State by

Sri Durgesha Vs State by Challakere Police

Mr. Saurabh Sangal Vs the State of Karnataka