Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9595 CRL.P No. 2159 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2159 OF 2025 BETWEEN:
SHIRAJ P S/O P SAYAD VALI AGED ABOUT 27 YEARS RESIDING AT WARD NO.19 4TH CROSS, HUSSAIN NAGAR BELLARY - 583 101. …PETITIONER (BY SRI SANTOSH B, ADV.) AND:
STATE BY KARNATAKA SAMPIGEHALLI POLICE STATION BENGALURU - 560 042 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT TO ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR.NO.21/2025 OF SAMPIGEHALLI POLICE STATION, BENGLAURU FOR OFFENCE P/U/S 140(1), 308(2) AND 3(5) OF BNS, ON THE FILE OF THE HONBLE 41ST ADDL. CJM AT BENGALURU, WITH A DIRECTION TO RELEASE HIM ON BAIL IN THE EVENT OF ARREST IN THE ABOVE CRIME, ON SUCH TERMS AND CONDITIONS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:9595 CRL.P No. 2159 of 2025
ORAL ORDER
1. Accused no.3 in Crime No.21/2025 registered by Sampigehalli Police Station, Bengaluru City, for the offences punishable under Sections 140(1), 308(2), 3(5) of BNS, 2023, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.21/2025 registered by Sampigehalli Police Station, Bengaluru City, for the aforesaid offences against Nikhil and others based on the first information dated 22.01.2025 received from Nadigatla Shanmukha Sai Devid Kalyan. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.776/2025 which was rejected on 04.02.2025. Therefore, he is before this Court.
4.
Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner has been falsely implicated in the present case. He is ready and willing to cooperate with the police for the purpose of investigation. His name is not found in the FIR. Accordingly, he prays to allow the petition.
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NC: 2025:KHC:9595 CRL.P No. 2159 of 2025
5. Per contra, learned HCGP has opposed the petition. He submits that petitioner is a person with criminal antecedents and accused no.1 who is arrested, has named the petitioner as his accomplice. Accordingly, he prays to dismiss the petition.
6. Perusal of the first information would reveal that on 20.01.2025, three persons had forcibly entered into the house of the first informant at about 11.30 p.m. and had abducted him in a car, and thereafter demanded money and they had forced him to withdraw a total sum of Rs.63,000/- from the ATM, and thereafter, the said amount was shared by the said three persons. Subsequently, they had collected certain original documents which were available in his car, and thereafter, had left him after criminally intimidating him.
7. Accused no.1 who was arrested in the case, during the course of investigation had revealed that petitioner and another had accompanied him on the date of incident. Material on record would go to show that petitioner is a person with criminal antecedents and is involved in two other criminal cases and he was also in custody for sometime in the said case. It has also come on record that the amount that was withdrawn
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NC: 2025:KHC:9595 CRL.P No. 2159 of 2025
by the first informant from the ATM was taken by the accused persons and shared between them, and therefore, recovery is required to be made from the accused persons. The alleged offences are grave in nature and are punishable with life imprisonment. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail cannot be entertained. Accordingly, petition is dismissed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KK