- 1 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 10855 OF 2025 (439(Cr.PC) / 483(BNSS)) C/W CRIMINAL PETITION NO. 10679 OF 2025 IN CRL.P No. 10855/2025 BETWEEN: 1. VINOJ P K S/O. LATE KRISHNAN KUTTY AGED ABOUT 40 YEARS, R/AT PALLISERI HOUSE KADUPPASSERI POST KACHERIPADI THOMMANA THIRSUR DISTRICT STATE OF KERALA - 680502. …PETITIONER (BY SRI. LETHIF B.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION, D. K., DISTRICT. REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. …RESPONDENT (BY SRI. B LAKSHMAN, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) TO RELEASE HIM ON BAIL IN CR.NO.52/2024 (SC.NO.38/2025) OF MANGALURU RURAL P.S., D.K. DISTRICT, FOR THE OFFENCES P/U/S 120(b), 457, 342, 323, 324, 307, 395, 397, 506, 201 R/W 149 OF IPC, PENDING ON THE FILE OF JMFC III COURT, MANGALURU. IN CRL.P NO. 10679/2025 BETWEEN: 1. ZAKIR @ SHAKIR HUSSAIN S/O. LATE ABUBAKKAR AGED ABOUT 56 YEARS, R/AT ERVALLAPPIL HOUSE KOORKANCHERI VILLAGE VADUKKAR POST, THRISUR DISTRICT STATE OF KERALA - 680 007. ...PETITIONER (BY SRI. LETHIF B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY MANGALURU RURAL POLICE STATION, D. K., DISTRICT. REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. ...RESPONDENT (BY SRI. B LAKSHMAN, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.52/2024 (S.C.NO.38/2025) OF MANGALURU RURAL P.S. D.K DISTRICT FOR THE OFFENCE P/U/S 120(b), 457, 342, 323, 324, 307, 395, 397, 506, 201 R/W 149 OF IPC - 3 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 PENDING ON THE FILE OF THE J.M.F.C III COURT MANGALURU. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Crl.P No.10885/2025 is filed by accused No.6, and Crl. P. No.10679/2025 is filed by accused No.5. Both the petitions are filed under Section 439 of Cr.PC seeking grant of bail in Crime No.52 of 2024 of Mangalore Rural Police Station registered for the offences punishable under Sections 120B, 457, 342, 323, 324, 307, 395, 397, 506, 201 read with Section 149 IPC pending in SC No.38 of 2025. 2. Heard the learned counsel for the petitioners, and the learned High Court Government Pleader for the respondent- State. 3. The learned counsel for petitioners would contend that, accused Nos. 1 to 4 and 7 to 15 have been granted bail by this Court. The accusations against the petitioners are similar to that of accused No.7, who has been granted bail, and therefore, petitioners are entitled for grant of bail on the - 4 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 ground of parity. He further submits that, accused No.15 to 18 are shown as absconding in the charge sheet, and they are not yet secured. He submits that, the charge sheet has been filed, and therefore, the petitioners are not required for custodial interrogation. The stage of the sessions case is for hearing before charge. The petitioners are in custody since last fourteen months. With these grounds, he prayed to allow the petitions. 4. Per contra, the learned High Court Government Pleader for the respondent would contend that, the offences alleged against the petitioners are heinous offences punishable with death or imprisonment for life. He submits that, there is a specific overt -act alleged against the accused No.6 that he assaulted with knife to CW1 on his shoulder, right leg and kicked on the stomach. The accused No.5 demanded money, threatened to kill and destroyed the WiFi router. The overt-act alleged against the petitioners are more severe than the overt- act alleged against the other accused, who have been granted bail. Therefore, the petitioners are not entitled for grant of bail on the ground of parity. - 5 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 5. The learned High Court Government Pleader submits that accused Nos. 16 to 18 are absconding till date, and if the petitioners are granted bail, it is difficult to secure the said accused Nos.16 to 18. If these petitioners are granted bail, there are chances of them tampering the prosecution witnesses, flee from justice and committing similar offences. On these grounds, he prayed for rejection of the petitions. 6. Having heard the learned counsel, the Court has perused the charge sheet records and other materials placed on record. 7. FIR in Crime No.52/2024 was registered by Mangaluru Rural Police Station, Mangaluru City, initially for the offences punishable under Sections 395, 397, 506 read with Section 149 of IPC against unknown persons, based on the first information dated 22.06.2024 received from Padmanabha Kotyan s/o late Lokaya Poojary. 8. During the course of investigation of the case, accused Nos.5 and 6 have been arrested on 04.07.2024, and subsequently, they were remanded to judicial custody. After - 6 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 completing investigation, charge sheet has been filed against eighteen persons. Applications filed by the petitioners before the jurisdictional Sessions Court were rejected. Thereafter the petitioners filed bail petitions before this Court, and the same came to be rejected. Again they filed bail petitions before the Sessions Court, and the same came to be rejected. The petitioners are therefore before this Court seeking grant of bail. 9. The allegations in the charge sheet are that, in furtherance of the proceedings, accused Nos.5, 6, 7, 9 and 11 and 12 to 18 came in two vehicles from Kerala to Mangalore, and amongst the aforesaid accused, accused Nos.5 to 7, 12 to 13 and 15 to 18 had entered into the compound of the first informant on 21.06.2024 and had committed the alleged crime. In the first information, it is stated that all the accused, who had entered into the compound wall, were wearing masks on their face and gloves on their hands. However, the charge sheet materials would go to show that, accused were identified in the Test Identification Parade subsequent to their arrest. 10. The materials on record would also go to show that, there is a recovery of robbed articles from all the accused - 7 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 persons, who were arrested in the present case. Accused Nos.1 to 4 and 7 to 15 have been granted regular bail by this Court in Crl.P Nos.13235/2024, 11767/2024, 12679/2024, 9738/2024, 3184/ 2025, 1231/2025, 1240/2025 and 13785/2024. The petitioners are seeking grant of bail on the ground of parity. Accused No.7 has been granted bail in Crl.P No.12547/2024. 11. The learned counsel for the petitioners submits that, accused No.7 is similarly placed to that of the present petitioner/accused Nos.5 and 6. In order to consider whether the accusation and overt-act alleged against the petitioners/accused Nos.5 and 6 is similar to that of other accused, the accusation in column No.17 in the charge sheet requires to be gone into. 12. There is no accusation against accused No.7 of assault by him. The accusation against accused No. 7 is that he has shown a knife and tied hands and legs of CW2. The accusation against the petitioner/accused No.6 herein is that, he with an intent to kill CW1 tried to assault him with a knife and he escaped, and the said hit was caused injury on his right shoulder. Accused No.6 also assaulted CW1 with knife on his - 8 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 right leg and caused bleeding injury and kicked on the stomach of CW1. Accused No.6 robbed Rs.45,000/- kept in the bag. 13. Considering the said overt-act alleged against accused No.6, he is not similarly placed to that of other accused, who have already been granted bail. Therefore, he is not entitled for grant of bail on the ground of parity. 14. The accusation against accused No.5 is that, he demanded money by threatening CW1 to CW3 and due to the said threat, CW2 has shown bag kept on the dining table stating that it contained money. Accused No.5 with other accused kept knife on the neck of CW2 and took CW1 to the bedroom and robbed seven golden rope chain with a golden pendant worth four lakhs rupees, a golden bracelet and golden ring. Accused No.5 also destroyed the WiFi router thinking that it is CCTV camera. 15. Considering the said over-act alleged against accused No.5, they are not similar to the overt-act alleged against other accused, who were granted bail. The offences alleged against the petitioners/accused Nos.5 and 6 are the - 9 - HC-KAR NC: 2025:KHC:40517 CRL.P No. 10855 of 2025 C/W CRL.P No. 10679 of 2025 offences punishable with death or imprisonment or life. If the petitioners/accused Nos.5 and 6 are granted bail, there are chances of they threatening the prosecution witnesses and committing similar offence. The petitioners/accused Nos.5 and 6 have not made out any ground for grant of bail. In the result, both the petitions are dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 1