- 1 - NC: 2025:KHC:15657 CRL.P No. 4607 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4607 OF 2025 BETWEEN: MR. SIRAJUDDIN S/O MAHAMMAD AGED ABOUT 39 YEARS R/AT D NO.2-1 NARSHA K P BAIL HOUSE BAREBETTU POST KOLNADU VILLAGE BANTWAL TALUK - 574 211 DAKSHINA KANNADA DISTRICT. …PETITIONER (BY SRI SAMEER S.N, ADV.) AND: STATE BY VITLA P.S REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER CR.NO.2/2025 REGISTERED BY THE RESPONDENT VITLA P.S AND SUBMITTED TO THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT, BANTWALA, DAKSHINA KANNADA DISTRICT FOR O/U/S 319(2) AND 318(4), 308(2), 309(4) AND 310(2) OF BNS, 2023. 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 - 2 - NC: 2025:KHC:15657 CRL.P No. 4607 of 2025 ORAL ORDER 1. Accused no.4 in Crime No.2/2025 registered by Vitla Police Station, Dakshina Kannada District, for the offences punishable under Sections 319(2), 318(4), 308(2), 309(4), 310(2) of BNS, 2023, is before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.2/2025 was registered by Vitla Police Station, Dakshina Kannada District, initially for the offences punishable under Sections 319(2), 318(4) of BNS, 2023, against unknown six persons based on the first information dated 04.01.2025 received from Mahammad Ikbal S/o Haji N.Sulaiman. During the course of investigation of the case, petitioner herein was arrested on 15.02.2025. In the remand application, petitioner is arrayed as accused no.4. Bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.170/2025 was rejected on 14.03.2025. Therefore, he is before this Court. 4. Learned Counsel for the petitioner submits that petitioner was not at all present along with other accused persons at the - 3 - NC: 2025:KHC:15657 CRL.P No. 4607 of 2025 spot of crime and he has been falsely implicated. He submits that petitioner has no criminal antecedents. Major portion of the investigation is already completed. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. 6. In the FIR, it is averred that on 03.01.2025 at about 8.10 p.m., six persons who came in a Tamil Nadu registration vehicle to the house of the first informant allegedly informed him that they were officers from Enforcement Directorate and they had information that there was unaccounted money in the house of the first informant, and therefore, they intended to search the house. They also allegedly informed them that they had necessary orders from the competent authority to search the house and accordingly seized the mobile phones of the inmates of the house and asked them to open the cupboard of the house. The said persons allegedly robbed about Rs.25 to 30 lakhs in cash from the house of the first informant, and thereafter, left the house asking the first informant and the other inmates of the house to come to their office at Bengaluru - 4 - NC: 2025:KHC:15657 CRL.P No. 4607 of 2025 and get the money released by producing necessary documents. 7. During the course of investigation, petitioner herein was arrested on 15.02.2025. The other accused persons were also arrested by the police during the course of investigation and as per the material available on record, petitioner was earlier working with the first informant and he had given information to the other accused persons to commit robbery in the house of the first informant. Accordingly, all the accused persons had conspired and on 03.01.2025, the other accused persons had visited the house of the first informant impersonating themselves as officers from Enforcement Directorate and had committed the robbery. 8. In the remand application of the arrested accused, it is mentioned that the petitioner was throughout in contact with the other accused persons on the alleged date of robbery and the CDR of his mobile phone revealed that he had called all the other accused persons on the said date and was in constant touch with them. Investigation of the case is still under progress and some of the accused persons are yet to be - 5 - NC: 2025:KHC:15657 CRL.P No. 4607 of 2025 arrested. The alleged offences are punishable with imprisonment for life. Considering the nature and gravity of offence committed by the accused persons, I am of the opinion that this is not a fit case to grant regular bail to the petitioner at this stage. Accordingly, petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK