- 1 - NC: 2025:KHC:2588 CRL.P No. 12013 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12013 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: MOHAMMED ZABI, S/O SALMATH, AGED ABOUT 22 YEARS, R/AT NO.14, 3RD 'A' MAIN, KEMPE BLOCK, J.C. NAGAR, BANGALORE 560 006 …PETITIONER (BY SRI. M. KRISHNE GOWDA, ADVOCATE) AND: STATE OF KARNATAKA, STATE BY AVALAHALLI P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO PASS AN ORDER OF BAIL ENLARGING THE PETITIONER IN CR.NO.124/2024 OF AVALAHALLI POLICE, NOW IN CC.NO.7936/2024 AND ON THE FILE OF THE ACJM, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2588 CRL.P No. 12013 of 2024 BENGALURU RURAL DISTRICT, FOR THE OFFENCES P/U/S 397 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to enlarge him on bail in Crime No.124/2024 of Avalahally Police Station registered for the offence punishable under Section 392 of IPC. 2. FIR was registered against unknown persons on a complaint lodged by one Gagan Kumar s/o K.Chanakya. In the complaint he has alleged that on 10.04.2024 after finishing the work while he was returning on his motorcycle at about 4.45 a.m, two persons stopped his bike and one of them threatened him by showing an iron rod and robbed a MI 11 mobile phone, laptop, his finger ring and gold chain weighing 24 grams. Further, they forced him to transfer a sum of Rs.1,20,000/- through phone pay. - 3 - NC: 2025:KHC:2588 CRL.P No. 12013 of 2024 3. Both the accused were arrested and incriminating articles were recovered from their possession. 4. Learned counsel for the petitioner has contended that the entire allegations are false, the petitioner is innocent. Accused No.1 has been enlarged on bail by the learned Sessions Judge. Petitioner is in judicial custody from 24.05.2024 and he is ready and willing to abide by any conditions. 5. Learned High Court Government Pleader has opposed the petition contending that the victim has identified the accused in the test identification. Petitioner is habitual offender and therefore, if he is released on bail, he may once again involve in similar offences. 6. Learned High Court Government Pleader has filed a memo along with the list of cases in which the petitioner is involved as under: 1) Crime No.41/2023 of Bharathi Nagara Police Station for the offence punishable under Sections 392,341 r/w Section 34 of IPC. - 4 - NC: 2025:KHC:2588 CRL.P No. 12013 of 2024 2) Crime No.93/2018 of Commercial Street Police Station for the offence punishable under Section 379 of IPC. 3) Crime No.282/2018 of Upparpete Police Station for the offence punishable under Section 302 r/w Section 34 of IPC. 4) Crime No.20/2022 of H.S.R Layout Police Station for the offence punishable under Section 392 of IPC. 5) Crime No.128/2023 of Pulikeshingara Police Station for the offence punishable under Section 397 of IPC. 6) Crime No.237/2022 of Pulikeshingara Police Station for the offence punishable under Section 379 of IPC. 7) Crime No.200/2023 of Hebbal Police Station for the offence punishable under Section 379 of IPC. 8) Crime No.493/2023 of K.R.Puram Police Station for the offence punishable under Section 392 of IPC. - 5 - NC: 2025:KHC:2588 CRL.P No. 12013 of 2024 9) Crime No.20/2022 of Sadhashivanagara Police Station for the offence punishable under Sections 399, 402 of IPC. 10) Crime No.301/2023 of Halasuru Police Station for the offence punishable under Section 392 r/w Section 34 of IPC. 7. The accused have committed robbery by threatening the complainant showing an iron rod and robbed the valuables. From the possession of the petitioner, a laptop and MI 11 mobile phone are recovered. He has been identified by the victim in the test identification. The list of cases furnished by the learned High Court Government Pleader shows that the petitioner is involved in similar cases. Hence, grant of bail to accused No.1 will not come to the aid of the petitioner. 8. As rightly contended by the learned High Court Government Pleader, if the petitioner is enlarged on bail, there are chances of committing similar offences. Hence, - 6 - NC: 2025:KHC:2588 CRL.P No. 12013 of 2024 this is not a fit case to enlarge the petitioner on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE VS List No.: 1 Sl No.: 31 CT:SNN