- 1 - NC: 2025:KHC:2183 CRL.P No. 14116 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14116 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. BALI PARDI S/O LATE VISHNU PARDI, AGED ABOUT 28 YEARS, R/O NO: MADHOGAD GRAMA, KACHNAUR POLICE STATION LIMITS, BHANDHAV CHOWKI, ASHOKNAGAR TALUK & DISTRICT, MADYA PRADESH-473 331. 2. MAYUR @ KRISHNA @ JADDA S/O MANOHAR PARDI, AGED ABOUT 30 YEARS, R/O NO: BILAKEDI, DHARNAVAD P S, GUNA DISTRICT, MADYA PRADESH-473 331. …PETITIONERS (BY SRI. PRASANNA RAO R., ADVOCATE) AND: STATE BY URVA P S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. HARISH GANAPATI, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:2183 CRL.P No. 14116 of 2024 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONERS ON BAIL IN CRIME NO.69/2024 OF RESPONDENT URVA P.S., REGISTERED FOR ALLEGED OFFENCE PUNISHABLE U/S 331(8), 309(6), 311, 305, 324(4) R/W 3(5) OF BNS, 2023, PENDING ON THE FILE OF THE III JMFC, MANGALORE IN C.C.NO.2441/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioners/accused Nos.2 and 3 on bail in Crime No.69/2024 of Urva Police Station, Mangaluru City registered for offences punishable under Section 309(6), 331(7), 311, 305 and 3(5) of the BNS, 2023. 2. Charge sheet is filed for offences under Section 331(8), 309(6), 311, 324(4) and 3(5) of BNS, 2023. 3. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. - 3 - NC: 2025:KHC:2183 CRL.P No. 14116 of 2024 4. In the complaint lodged by one Patricia Mendonca wife of Victor Mendonca, it is alleged that on 09.07.2024 at about 4.00 a.m., four persons entered their house armed with iron rod, screwdriver etc., and robbed gold ornaments and branded watches and also destroyed 3 mobile phones by smashing it. 5. It is contended by the learned counsel that the petitioners are innocent and they are falsely implicated in this case. He has contented that even according to the complainant the accused had covered their face and therefore, the case of prosecution that they are identified by the witnesses is false. He submitted that the investigation is now completed and charge sheet is also filed and the petitioners are not required for further interrogation/investigation. They are ready and willing to abide by any conditions. Accordingly, he has sought to allow the petition and enlarge the petitioners on bail. 6. Learned High Court Government Pleader has contended that the accused have committed a heinous - 4 - NC: 2025:KHC:2183 CRL.P No. 14116 of 2024 offence and all the seized articles/valuables are recovered from their possession and further they are also identified by the witnesses. He has contended that there is a prima facie case against the petitioners for having committed a heinous offence. They are habitual offenders involved in similar cases and they hail from the state of Madhya Pradesh and therefore, if they are released on bail it will be difficult to secure their presence. Accordingly, he has sought to dismiss the petition. 7. The complaint allegations are that four persons entered complainant’s house armed with iron rod, screwdriver etc., assaulted the complainant and posing life threat, robbed several gold ornaments, 10 branded watches and destroyed three mobile phones. Descriptions of the accused persons are given in the complaint. During investigation, based on CCTV footages etc., accused Nos.1 to 4 came to be arrested on the very next day i.e., on 10.7.2024. The valuables robbed from the house of the complainant were recovered. In the test identification - 5 - NC: 2025:KHC:2183 CRL.P No. 14116 of 2024 parade, petitioners have been identified by the victims. Petitioners hail from the State of Madhya Pradesh. They are involved in similar cases. The allegations are serious in nature. As rightly contended by the learned High Court Government Pleader, if petitioners are enlarged on bail, there are chances of committing similar offence and fleeing from justice. Considering the nature of offence committed and the materials collected, this is not a fit case to enlarge the petitioners on bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/TL List No.: 1 Sl No.: 42 Ct: ra