- 1 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10868 OF 2024 BETWEEN: GURUDEV S/O B R NARAYANA, AGED ABOUT 43 YEARS, R/O BALIGE VILLAGE, BALURU HOBLI, CHIKKAMAGALURU TALUK – 577 122 …PETITIONER (BY SRI. ABHISHEK HUDDAR.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ALDUR POLICE STATION, REP BY THE SPLP OFFICE, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. GOVARDHAN G C S/O G S CHANDRASHEKARAPPA AGED ABOUT 33 YEARS, RA/ 3RD CROSS, MANJUNATHARAO BUILDING, LAKSHMIPURA, ARASIKERE RURAL, HASSAN – 573103. 3. BHARATH M.R, S/O M RENUKARYA AGED ABOUT 36 YEARS R/A NO. C-167 MADHALLI, K R EXTN POST, TIPTUR - 572 201. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 4. KARTHIK B.K S/O B R KRISHNA MURTHY, AGED ABOUT 38 YEARS R/A NO. 39/2 3RD MAIN, 4TH CROSS MALLESHPALYA, BENGALURU - 560 075. 5. N. RINITH KUMAR RAI S/O RAMANNA RAI AGED ABOUT 39 YEARS R/AT NO. 24/A, 9TH CROSS, I STAGE MATHIKERE, BENGALURU - 560 064. 6. RAHMAN KHAN S/O AHMAD KHAN AGED ABOUT 43 YEARS R/A NO. 3605 KHAN S MANZIL HASANAMBA TEMPLE ROAD WARD NO. 25, OPP VAJRAKALA CONVENT HASSAN – 573 201. 7. SHARATH KUMLAR B K S/O KODANDARAM AGED ABOUT 32 YEARS R/A DOOR NO. 301 A BLOCK, NEAR NICE ROAD GOLLARAHATTI COLONY BENGALURU – 562 130 8. THEJASWI C R S/O LATE RENUKACHARI AGED ABOUT 35 YEARS R/A CHIKKAKUNDUR VILLAGE, DODAKUNDUR, SAKALESHPURA TALUK, HASSAN – 573 137 - 3 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 9. PRABHAKAR M S/O LATE MOHAN AGED ABOUT 34 YEARS R/A NO. 59, 2ND MAIN ROAD ANANDAPURAM, CHAMARAJPETE MYSORE ROAD, BENGALURU – 560 018 10. LOHITH S R S/O RANGEGOWDA AGED ABOUT 36 YEARS R/A SIVARALLI, BEMBLUR, SOMVARAPETE TALUK KODAGU – 571 235 …RESPONDENTS (BY SRI. RANGASWAMY.R. HCGP FOR R1; SRI. S. KALYAN BASAVRAJ ADVOCATE FOR R2 SRI. SUYOG HERELE ADVOCATE FOR R3, R4, R6-10 SRI, KARUNAKARA. P, ADVOCATE FOR R5) THIS CRL.P FILED U/S.439(2) (FILED U/S.483(3) BNNS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO ALLOW THE ABOVE PETITION AND SET ASIDE THE ORDER DATED 24.08.2024 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU VIDE COMMON ORDER IN CRL.MISC.NO. 433/2024 ,434/2024,/ 435/2024, 441/2024, 474/2024 THE ORDER DATED 24.08.2024 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner/defacto complainant is aggrieved by the order passed by the learned Sessions Judge granting - 4 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 bail to the accused in Crime No.85/2024 registered at Aldur Police Station for offences punishable under Section 309(4) of BNS, 2023 and Sections 3 and 25 of Indian Arms Act, 1959. 2. FIR is registered against the driver of an Innova Car bearing reg.No.KA-27-M-5352 and four others. 3. The learned Sessions Judge by separate orders has enlarged the accused on anticipatory bail as well as regular bail. 4. One of the contentions raised by the learned counsel for petitioner is that the learned Sessions Judge without properly considering the antecedents of the accused, mechanically passed the order releasing them on bail, resulting in miscarriage of justice. 5. The learned counsel for petitioner has contended that, he is aggrieved by the grant of bail to accused by name Karthik B.K., Sharath Kumar B.K., and N.Rinith Kumar Rai. Hence, this Court need not - 5 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 concentrate on the reasons assigned by the Sessions Court while granting bail to other accused persons. 6. Accused by name Karthik B.K., has been granted bail by the learned Sessions Judge in Crl.Misc.No.435/2024 vide order dated 24.08.2024. 7. Accused by name Sharath Kumar B.K., has been granted bail in Crl.Misc.No.448/2024 vide order dated 24.08.2024. 8. Accused by name N.Rinith Kumar Rai has been granted bail in Crl.Misc.No.441/2024 vide order dated 24.08.2024. 9. It is the case of the complainant that on 18.07.2024 at about 1:15 p.m., while he was proceeding in Car bearing reg.No.HR-26-Y-4865 from Chikkamagaluru towards his wife’s house in Havvalli, Aldur, near Vasthare Red Rock Homestay, an Innova car followed him from Chikkamagaluru and waylaid his car and four persons got down from the said car. One of them was holding pistol - 6 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 and others were armed with knife and other deadly weapons. They pushed him out of the car and snatched cash of Rs.1.5 lakh, a Motorola phone and bag containing some documents. At that time, one Somashekar Hossalli, Prashanth, Manju Aldur rescued him. 10. I have perused the orders passed by the learned Sessions Judge granting bail to the above accused. Accused by name Karthik B.K., and N.Rinith Kumar Rai have been granted anticipatory bail and accused by name Sharath Kumar B.K., has been granted regular bail by the learned Sessions Judge. It is relevant to see paragraph No.18 of the order passed by the learned Sessions Judge in respect of accused Sharath Kumar B.K., wherein the learned Sessions Judge has observed that there is no material forthcoming from the prosecution to show any antecedents of the petitioners that they have committed similar offences or any offences earlier. 11. Learned counsel for the petitioner has filed a memo along with copies of FIRs showing involvement of - 7 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 accused Karthik B.K., and Sharath Kumar B.K., in other criminal cases. The details furnished are as under: i. The copy of the FIR dated 24.05.2022 ii. The copy of the FIR dated 03.04.2024 iii. The copy of the case history of Respondent No.7 12. This Court finds that there are other criminal cases registered against the accused namely Karthik B.K., and Sharath Kumar B.K., who were granted anticipatory bail as well as regular bail by the learned Sessions Judge. The prosecution has not brought to the notice of Court regarding criminal cases pending against them. If materials had brought to the notice of Court, learned Sessions Judge would not have observed that there is no material forthcoming to show any antecedents against them. Even though, no such observations are made in the order passed in respect of accused by name Sharath Kumar B.K., the material placed before this Court shows that he is involved in number of cases. However, no such - 8 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 antecedents are brought to the notice of Court as against accused by name N.Rinith Kumar Rai. 13. Considering the above, this Court is of the view that grant of anticipatory bail to accused-Karthik B.K., and regular bail to accused-Sharath Kumar B.K. is without considering their antecedents and therefore, the said orders are liable to be set aside. 14. The learned Sessions Judge shall consider their bail applications afresh and dispose of within a reasonable time and till such time, relief granted to them shall be in force. Accordingly, following ORDER (i) Petition is disposed of. (ii) The order dated 24.08.2024 passed in Crl.Misc.Nos.435/2024 and 448/2024 are hereby set aside. - 9 - NC: 2025:KHC:6601 CRL.P No. 10868 of 2024 (iii) The order granting bail insofar as other accused are concerned, no interference is called for. This order shall be communicated to the concerned court by the registry. Sd/- (MOHAMMAD NAWAZ) JUDGE PB List No.: 1 Sl No.: 22