- 1 - NC: 2025:KHC:10321 CRL.P No. 2565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2565 OF 2025 BETWEEN: 1. SATHEESH S @ SATHISH S S/O LATE SHIVAGANGAIAH AGED ABOUT 35 YEARS AUTO DRIVER, R/O. 3RD CROSS JAIPURA, TUMAKURU CITY - 572 101. 2. SUNILKUMAR S. @ GOOTE SUNILA @ GUBE SUNILA S/O LATE SHIVAKUMAR AGED ABOUT 30 YEARS AUTO DRIVER, R/O. BESIDE RAGHAVENDRA BAKERY NEAR DANA PALACE MELEKOTE, TUMAKURU CITY - 572 101. …PETITIONERS (BY SRI SHARATH KUMAR G.M, ADV.) AND: STATE BY TUMAKURU TOWN POLICE STATION, TUMAKURU DIST. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10321 CRL.P No. 2565 of 2025 THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE BAIL AND RELEASE THE PETITIONERS/ACCUSED NO.11 AND 13 IN THE EVENT OF ARREST IN C.C. NO.186/2024 (CRIME) NO.575/2023) PENDING ON THE FILE OF PRL. SNR. CIVIL JUDGE AND CJM AT TUMAKURU, REGISTERED BY THE TUMAKURU TOWN POLICE STATION FOR THE OFFENSE PUNISHABLE UNDER SECTION 114, 120(B), 143, 147, 148, 384, 386, 448, 387, 427, 506, 504, 149 OF IPC AND SECTION 25 OF ARMS ACT, BY ALLOWING THE APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused nos.11 & 13 in Crime No.575/2023 registered by Tumakuru Town Police Station, Tumakuru City, for the offences punishable under Sections 114, 120B, 143, 147, 148, 384, 386, 448, 387, 427, 506, 504, 149 IPC, and Section 25 of the Arms Act, are before this Court under Section 438 Cr.PC seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.575/2023 was registered by Tumakuru Town Police Station, Tumakuru City, for the aforesaid offences - 3 - NC: 2025:KHC:10321 CRL.P No. 2565 of 2025 against five unknown persons based on the first information dated 31.12.2023 received from Beerappa Shreemanth Sagayi S/o Shreemantha Sagayi. The police after investigation have filed charge sheet in the said case for the aforesaid offences against 14 accused persons. Petitioners herein are arrayed as accused nos.11 & 13 in the charge sheet. Apprehending arrest, petitioners herein had filed Crl. Misc. No.1888/2024 before the jurisdictional Sessions Court, which was dismissed on 24.12.2024. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that first information had been registered against unknown persons and based on the confession statement of some of the accused persons, petitioners are arrayed as accused in the present case. He submits that petitioners were not present at the spot of crime, and therefore, their custody is not required since charge sheet is already filed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioners are persons with criminal antecedents and at the instructions of accused no.3 who is a rowdy sheeter - 4 - NC: 2025:KHC:10321 CRL.P No. 2565 of 2025 languishing in Bengaluru Central Jail, accused nos.4 to 14 have committed the alleged offences. He submits that petitioners had actively participated in the crime and they have helped the other accused persons who had entered the business premises of the first informant along with deadly weapons. He, accordingly prays to dismiss the petition. 6. Perusal of the material on record would go to show that there was a partnership business dispute between accused nos.1 & 2 on the one side and the first informant and his family members on the other side. It is in this background, accused nos.1 & 2 had contacted accused no.14 seeking his help to get control over the partnership business. Though accused no.14 had intervened and had asked CWs-9 to 11 to hand over the partnership business to accused nos.1 & 2, since they refused for the same, accused no.14 allegedly contacted accused no.3 who is a rowdy sheeter lodged in Bengaluru Central Jail, and it is under the instructions of accused no.3, accused nos.4 to 8 had entered the business premises armed with deadly weapons and had threatened the first informant and other persons present there and also a demand was made for payment of ransom. Petitioners herein who are arrayed as accused nos.11 - 5 - NC: 2025:KHC:10321 CRL.P No. 2565 of 2025 & 13 in the charge sheet, allegedly had helped the other accused persons and had shown them the business premises and also provided weapons to them. 7. The material on record would go to show that petitioners are persons with criminal antecedents and they are absconding in the present case for the last more than one year. Accused no.3 had taken the contract of threatening the first informant and his family members and handing over of the partnership business to accused nos.1 & 2. Based on the instructions from accused no.3 who is a rowdy sheeter languishing in Bengaluru Central Jail, the other accused persons had entered the business premises of the first informant by carrying deadly weapons at about 4.00 p.m. on 29.12.2023. The accused who had entered the business premises threatened the first informant and others with dire consequences if they do not settle the partnership business. 8. Considering the nature of allegations found as against the petitioners in the charge sheet and also considering their criminal antecedents, I am of the view that they are not - 6 - NC: 2025:KHC:10321 CRL.P No. 2565 of 2025 entitled for the discretionary relief of anticipatory bail. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK