Himalay @ Sunil v. State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12249 OF 2026 BETWEEN:

¶1HIMALAY @ SUNIL S/O MANOJ AGED ABOUT 25 YEARS R/OF NO.816, KRISHNAIH NAGAR LAYOUT, KOTHANURU BANGALORE - 560 078. …PETITIONER (BY SRI DEVARAJ M, ADV.) AND:

¶1STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE STATION, RAMNAGARA DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR. …RESPONDENT (BY SRI RAHUL RAI K, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CRIME NO. 99/2026 OF THE KANAKAPURA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 309(4) OF BNS, 2023 WHICH IS PENDING BEFORE THE HONBLE II ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC AT KANAKAPURA, RAMANAGARA.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

¶1Accused No.3 in Crime No.99/2026 registered by Kanakapura Rural Police Station, Bengaluru South, for the

Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

offence punishable under Section 309(4) of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

¶2Heard the learned counsel for the parties.

¶3FIR in Crime No.99/2026 was registered by Kanakapura Rural Police Station, Bengaluru, for the aforesaid offence against two unknown persons based on the first information dated 19.06.2026, received from Kalamma, who is the alleged victim in the present case. During the course of investigation, petitioner herein was arrested on

07.07.2026 and subsequently, produced before the jurisdictional Court and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.No.5130/2026 was rejected on 27.07.2026. Therefore, he is before this Court.

¶4Material on record would go to show that accused Nos.1 and 2 named in the remand application of the petitioner had committed the alleged act on 19.06.2026 and had robbed the gold chain weighing about 30 grams, which the victim lady was wearing in her neck. The allegation against the petitioner is

that accused Nos.1 and 2 had handed over the said gold chain to him and he in turn had taken it to a jewelry shop in Bengaluru and got it melted into a gold bar. Remand application of the petitioner would go to show that accused Nos.1 and 2 were shown as absconding in the said remand application.

¶5It appears that after the petitioner was arrested and remanded to judicial custody in the present case, based on the confession statement of other accused persons in Crime No.163/2026 and 154/2026, he has been arraigned as accused even in the said cases. Petitioner aged 25 years is in custody for the last more than two months. Considering the nature of allegations found against him in the remand application and since major portion of investigation is already completed, the following order:-

¶6The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.99/2026 registered by Kanakapura Rural Police Station, Bengaluru South, for the offence

punishable under Section 309(4) of BNS, 2023, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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 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;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

Sd/- (S VISHWAJITH SHETTY) JUDGE

DN List No.: 1 Sl No.: 69