- 1 - NC: 2025:KHC:11078 CRL.P No. 10206 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 10206 OF 2024 BETWEEN: RADHA RAMAN SHARMA @ ASHU PANDITH S/O SHAMBU DAYAL SHARMA AGED ABOUT 28 YEARS RESIDING AT GIDOLI MORNINA DISTRICT, MORENA MADHYA PRADESH - 476 115. …PETITIONER (BY SRI NATARAJ D, ADV.) AND: THE STATE OFKARNATAKA KODIGEHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 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 ENLARGE THE PETITIONER ON BAIL IN CR.NO.107/2024 (S.C.NO.831/2024) REGISTERED BY THE KODIGEHALLI P.S. P/U/S 394,397,398,450,459,400,401,201,120(b) OF IPC AND ALSO WITH THE SEC.25(1-a) 27(1) OF INDIAN ARMS ACT WHICH IS PENDING BEFORE THE HONBLE COURT OF LXIX ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU. 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:11078 CRL.P No. 10206 of 2024 ORAL ORDER 1. Accused no.3 in S.C.No.831/2024 pending before the Court of LXIX Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.107/2024 registered by Kodigehalli Police Station, Bengaluru City, for the offences punishable under Sections 394, 397, 398, 450, 459, 400, 401, 201, 120B of IPC and Sections 25(1-a) & 27(1) of Indian Arms Act, 1959, 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.107/2024 was registered by Kodigehalli Police Station, Bengaluru City, against unknown persons initially for the offences punishable under Sections 394, 397, 398, 450, 459 of IPC and Sections 25(1-a) & 27(1) of Indian Arms Act, 1959, based on the first information dated 14.03.2024 received from Andaram who is the injured victim in the present case. During the course of investigation, petitioner herein was arrested on 18.03.2024. Investigation of the case is completed and charge sheet has been filed against seven accused persons and the petitioner is arrayed as accused no.3 - 3 - NC: 2025:KHC:11078 CRL.P No. 10206 of 2024 in the charge sheet. His bail application filed before the Trial Court was rejected on 22.08.2024. Therefore, he is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner is in custody for the last one year. Investigation of the case is completed and charge sheet has been filed, and therefore, his custody is no more required. No test identification parade in the manner known to law has been held in the present case. Petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. She submits that petitioner has committed a heinous crime and he is involved in the present case along with accused no.15 who is a habitual offender. After the petitioner was arrested, at his instance, the pistol used to commit the crime and live bullets have been recovered. The motor bike used by the accused persons has also been recovered at the instance of the petitioner. Petitioner hails from Madhya Pradesh and in the - 4 - NC: 2025:KHC:11078 CRL.P No. 10206 of 2024 event, he is enlarged on bail, it would be difficult to secure his presence. Accordingly, she prays to dismiss the petition. 6. In the first information that was submitted by the injured victim in the present case, it is stated that the first informant is the owner of jewelery shop known as Lakshmi Bankers and Jewelers, and on 14.03.2024 at about 10.00 a.m., first informant's uncle Appuram had arrived at the jewelery shop. At about 11.00 a.m., three strangers entered into the shop and one amongst them removed a pistol and started loading the same with bullets and threatened the first informant and his uncle and demanded gold jewelery. The first informant tried to catch hold of the said accused persons and at that time, his uncle switched on the siren. The accused persons who were armed with the pistol, fired at the first informant and his uncle, and thereafter left the place. In the said incident, the first informant as well as his uncle had suffered bullet injuries. During the course of investigation, petitioner and the other accused persons were arrested. 7. As per the charge sheet allegations, on 14.03.2024, accused nos.2 to 4 had entered the jewelery shop, while - 5 - NC: 2025:KHC:11078 CRL.P No. 10206 of 2024 accused no.1 who was holding a pistol stayed outside the jewelery shop to watch arrival of anybody near the shop. Accused no.3 allegedly was holding a country made pistol and he was loading the same with live bullets and when CW-1 - first informant tried to catch hold of him and snatch the pistol from his hand, it accidentally got fired and as a result, accused no.4 suffered bullet injury on his neck. Thereafter, CW-2 - uncle of CW-1 switched on the siren button and accused no.1 who was outside the shop fired from his pistol towards CW-2 and accused no.2 fired from his pistol towards CW-1, and thereafter, they left the spot. 8. The material on record would go to show that injured accused no.4 who managed to escape along with other accused persons, was thereafter shifted to Madhya Pradesh and was admitted in a hospital, but subsequently he succumbed to the injuries suffered by him in the incident in question. 9. Accused no.1 hails from Madhya Pradesh and he is a person with criminal antecedents having 15 criminal cases registered against him. Petitioner who is arrayed as accused no.3 also hails from Madhya Pradesh and he had arrived at - 6 - NC: 2025:KHC:11078 CRL.P No. 10206 of 2024 Bengaluru along with accused no.1 and other accused persons to commit the crime. After the petitioner was arrested, at his instance, the pistol which he had used to commit the crime and six live bullets have been recovered and the motor bike in which the accused persons had arrived near the spot of crime also was recovered. The accused persons are said to have been identified by CW-1 & CW-2 from the CCTV footage which is part of the record. The arrival of the accused and their departure in the motor bike from the spot of crime are all recorded in the CCTV footage. Petitioner is involved in committing a heinous offence and considering the gravity of offence committed and also the material available on record which makes out a prima facie case as against the petitioner, I am of the opinion that at this stage, petitioner's prayer for grant of regular bail cannot be considered. Accordingly, petition is dismissed. SD/- (S VISHWAJITH SHETTY) JUDGE KK