- 1 - HC-KAR NC: 2025:KHC:23390 CRL.P No. 7993 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7993 OF 2025 BETWEEN: 1. AJAY @ BENNE S/O RAMACHANDRA AGED ABOUT 31 YEARS R/AT NO.2142, 6TH CROSS GANDHIMAGARA, MANDYA CITY - 571 401. 2. MOHAMMED SAMEER @ SALT S/O MOHAMMED SAMI AGED ABOUT 22 YEARS R/AT 8TH CROSS, GANDHUNAGARA MANDYA CITY - 571 401. 3. SHIVANANDA ALIAS GOLLE SHIVQA S/O CHANDARSHEKAR AGED ABOUT 24 YEARS R/AT 6TH CROSS GANDHINAGAR, MANDYA CITY - 571 401. …PETITIONERS (BY SMT. RAKSHA KEERTHANA, ADV., FOR SRI KEMPARAJU, ADV.) AND: STATE OF KARNATAKA BY MANDYA WEST POLICE STATION REP BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23390 CRL.P No. 7993 of 2025 C.C.NO.586/2025 (CRIME NO.33/2025) OF THE RESPONDENT MANDYA WEST POLICE, FOR THE ALLEGED OFFENCE P/US/ 61(2)(a),310(4),310(5),312 OF BNS ACT PENDING ON THE FILE OF THE HONBLE IV ADDL. DISTRICT AND SESSIONS JUDGE AT MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.1 to 3 in Crime.No.33/2025 registered by Mandya West Police Station, Mandya District for the offences punishable under Sections 61(2)(a), 310(4), 310(5) & 312 of BNS, 2023 are before this Court seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime.No.33/2025 was registered by Mandya West Police Station, Mandya District against Ajay and others on the basis of the first information dated 25.02.2025 submitted by Sri Naveen Supekar V, Police Officer, attached to Mandya West Police Station. During the course of investigation, the petitioners were arrested on 26.02.2025 and subsequently remanded to judicial - 3 - HC-KAR NC: 2025:KHC:23390 CRL.P No. 7993 of 2025 custody. Investigation in the case is completed and charge sheet has been filed. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.361/2025 was rejected on 29.05.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners submits that allegation against the petitioners and the other accused are similar. Accused Nos.4 and 7 have been granted regular bail by this Court in Crl.P.No.4827/2025 and accused Nos.5 and 6 have also been granted regular bail by this Court in Crl.P.No.4937/2025. Investigation of the case is already completed and charge sheet has been filed. Accordingly, he prays to allow the petition. 6. Per contra, the learned HCGP who has opposed the bail application submits that accused No.1 is a person with criminal antecedents. Eleven cases are registered against him and as against accused No.2 there is one - 4 - HC-KAR NC: 2025:KHC:23390 CRL.P No. 7993 of 2025 criminal case pending. Accordingly, she prays to dismiss the petition. 7. Perusal of the material on record would go to show that, based on credible information received, a raid was conducted by the first informant to the alleged spot, where about 10-12 persons armed with deadly weapons were making preparation for committing dacoity and from the said spot seven persons were arrested. The petitioners, who were arrested on 26.02.2025 are arraigned as accused Nos.1 to 3 in the present case. 8. Investigation in the case is already complete and charge sheet has been filed. The alleged offences are not punishable with death or life imprisonment. Accused Nos.4 and 7 have been granted regular bail by this Court in Crl.P.No.4827/2025 disposed of on 26.04.2025 and accused Nos.5 and 6 have also been granted regular bail by this Court in Crl.P.No.4937/2025 disposed of on 25.04.2025. - 5 - HC-KAR NC: 2025:KHC:23390 CRL.P No. 7993 of 2025 9. The allegation against the petitioners herein and other accused, who were granted regular bail by this Court are similar. Apprehension expressed by the learned HCGP can be taken care of by imposing appropriate conditions. Undisputedly, in all the other criminal cases registered against accused Nos.1 and 2 they have been enlarged on bail. 10. Under these circumstances, I am of the opinion that, the petitioners' prayer for grant of regular bail requires to be answered affirmatively. 11. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioners are directed to be enlarged on bail in Crime.No.33/2025 registered by Mandya West Police Station, Mandya District for the offences punishable under Sections 61(2)(a), 310(4), 310(5) & 312 of BNS, 2023, subject to the following conditions: - 6 - HC-KAR NC: 2025:KHC:23390 CRL.P No. 7993 of 2025 a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) Accused No.1/petitioner No.1 shall mark his attendance before the SHO, Mandya West Police Station, Mandya on every alternative Sunday of the month between 10.00 a.m and 1.00 p.m, for a period of one year from today. SD/- (S VISHWAJITH SHETTY) JUDGE NMS