- 1 - NC: 2025:KHC:1572 CRL.P No. 9085 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9085 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: ASIF K S/O AHAMED, AGED ABOUT 36 YEARS, RESIDENT OF KARIPAL, KAVATHUR, THRIPPANGOTTUR, KANNUR, KERALA - 670 676. PRESENTLY LODGED IN JUDICIAL CUSTODY. …PETITIONER (BY SRI. JAYSHAM JAYASIMHA RAO, ADVOCATE) AND: THE STATE OF KARNATAKA BY AJJAMPURA POLICE, REPRESENTED BY SPP, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENT (BY SRI. RANGASWAMY.R, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO DIRECT THE PETITIONER TO BE RELEASED ON BAIL IN CONNECTION WITH C.C.NO.1923/2023 PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND ADDL. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:1572 CRL.P No. 9085 of 2024 J.M.F.C, TARIKERE FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 341, 368, 395, 35 AND 37 OF THE INDIAN PENAL CODE, 1860 ARISING OUT OF CRIME NO.146/2023 REGISTERED BY AJJAMPURA POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.2 has preferred this petition praying to enlarge him on bail in Crime No.146/2023 of Ajjampura Police Station. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for the State. 3. Initially case was registered in Crime No.249/2023 of Channagiri Police Station against 10 to 15 unknown persons for an offence punishable under Section 395 IPC. Thereafter, on the point of jurisdiction the case was transferred to Ajjampura Police Station. - 3 - NC: 2025:KHC:1572 CRL.P No. 9085 of 2024 4. Case of the prosecution is that on 18.06.2023, CW.2 – Abijith and CW.3 – Nilesh were travelling in their Creta car bearing registration No.KA-51-MP-4941 towards Virajpet, carrying a cash of Rs.95,00,000/- with them. Accused persons followed them and waylaid their car and at gun point robbed the cash and sped away in their vehicles. 5. Learned counsel for petitioner has contended that the petitioner is innocent of the offence alleged and he has been falsely implicated in the case. There is no recovery at the instance of the petitioner and now the investigation is completed and charge sheet is also filed, wherein as many as 48 witnesses are cited. Hence, the trial will take a long time to be concluded. He therefore submitted that the petitioner who is in custody may be enlarged on bail by imposing any conditions. 6. Prayer for bail is opposed by the learned High Court Government Pleader contending that the petitioner - 4 - NC: 2025:KHC:1572 CRL.P No. 9085 of 2024 is involved in two more cases in the State of Andhra Pradesh and Tamil Nadu and he is a habitual offender. If he is released on bail, he will abscond and may commit similar offence. It is also contended that CW.2 one of the victim has identified the petitioner in the test identification parade and therefore, there is a prima facie case against the petitioner. 7. I have perused the material on record. The specific case of prosecution is that when CWs.2 and 3 were travelling in a Car with a cash of Rs.95,00,000/-, about 10 to 15 unknown persons stopped them and assaulted with the hands and at gun point robbed the said cash and sped away. It is stated that CW.1 was running a jewellery shop at Sane Guruji, Kolhapura District. After closing the said shop, he wanted to open a shop at Virajpet where his other family members were residing. CWs.2 and 3 were working under him. On the date of incident they were carrying the cash and proceeding in the Car to Virajpet. Coming to know about that the accused have followed - 5 - NC: 2025:KHC:1572 CRL.P No. 9085 of 2024 their car in different vehicles and committed dacoity and robbed the cash of Rs.95,00,000/- at gun point. 8. Petitioner who was in judicial custody in some other case was produced under body warrant on 16.05.2024 and he is in judicial custody since then in the present case. 9. Learned High Court Government Pleader has furnished a copy of the test identification report conducted on 05.10.2024 by the Taluka Executive Magistrate, Ajjampur Taluk, wherein it is seen that the petitioner has been identified by CW.2 as one of the accused who committed dacoity. Hence, there is a prima facie case against the petitioner. Merely because there is no recovery effected at the instance of the petitioner itself is not a ground to enlarge him on bail. 10. The learned High Court Government Pleader has furnished the details of two criminal cases in which the petitioner is involved as under: - 6 - NC: 2025:KHC:1572 CRL.P No. 9085 of 2024 i) Crime No.58/2023 of Raptadu Police Station, Andhra Pradesh registered for offence under Section 395 and 411 of IPC. ii) Crime No.350/2023 of Karimangalam Police Station, Tamil Nadu under Section 394, 120B, 397, 341, 395 r/w 34 of IPC and Section 3(1) of Prevention of Damage to Public Property Act. 10. Charge sheet is filed against 12 accused persons. It is also brought to the notice of the Court that accused Nos.3, 4, 9 to 12 are still absconding. 11. As rightly contended by the learned High Court Government Pleader, if the petitioner is enlarged on bail there are chances of absconding and committing similar offences. Hence, this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 22