- 1 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10763 OF 2025 BETWEEN: 1. VENKI @ VENKATAPPA S/O K.VENKATESH, AGED ABOUT 33 YEARS, R/O ALUGUMANIPALLI, SODIGARIPALLI, GUDUPALLI, CHITTOR, ANDHARA PRADESH-517 001. NOW R/O NEAR GURUKULA INTERNATIONAL SCHOOL, K.CHANNASANDRA, BENGALURU-560 043. 2. MANJUNATHA V. S/O K.VENKATESH, AGED ABOUT 25 YEARS, R/O ALUGUMANIPALLI, SODIGARIPALLI, GUDUPALLI, CHITTOR, ANDHARA PRADESH. NOW R/O VIDHYA NAGARA, MADHUGIRI ROAD, MADHUGIRI TOWN, TUMAKURU DISTRICT-572 132. 3. LAKSHMANA S., S/O SHANKARAPPA, AGED ABOUT 29 YEARS, R/O KURMYAPURANM, KOTAPETA, KUPPAM, CHITTOR, ANDHARA PRADESH-517 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 NOW R/O FLOWER GARDEN AND NEAR GANESHA TEMPLE, BABUSAB PALYA, BENGALURU-560 043. 4. KUKKADURTI KIRAN KUMAR @ KIRAN KUMAR IRON BALU, S/O KUKKADURTI HARI KUMARA, AGED ABOUT 33 YEARS, COOLI WORK, R/O # 8-90, RAVEENDRA NAGARA, EGUVAKUTAVANKA, MADANAPALLI POST, MADANAPALLI DISTRICT, CHITTOR, ANDHARA PRADESH-517 001. NOW RESIDING AT BANJARA LAYOUT, BENGALURU-560 016. 5. VASU PRASAD @ DIPSY @ PRASHANTH S/O VENKATARAMANAPPA, AGED ABOUT 36 YEARS, COOLIE WORK, R/O 3RD CROSS, KANAKA NAGARA, CHANNASANDRA, BANGALORE-560 043. …PETITIONERS (BY KUM./SMT.: SHWETHA L.C., ADVOCATE) AND: STATE OF KARNATAKA BY STATION HOUSE OFFICER KORATAGERE POLICE STATION, BANGALORE REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT BY SRI. K. NAGESWARAPPA, HCGP) - 3 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONERS IN CR.NO.110/2025 OF KORATAGERE POLICE STATION FOR THE OFFENCE PUNISHABLE 310(2) OF BNS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT AT KORATAGERE. 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 filed under section 483 BNSS, 2023 by accused Nos.2, 3, 4, 6 and 7 seeking to enlarge them on bail. 2. A case in Crime No.110/2025 was registered at Koratagere Police Station, Tumakuru for the offence Punishable under Section 310(2) of BNS, 2023, against five unknown persons, on a complaint lodged by one Sundar S. S/o Senthil Kumar. - 4 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 3. The gist of the complaint is that, complainant is working as a Manager in one Sri Mukambika Finance and along with him one Manjunath bin Venkatesh K. (accused No.2) was also working. On 27.05.2025 at about 8.30 a.m., complainant and Manjunath while proceeding on a Pulsar two wheeler bearing Registration No.KA-06-HW- 1459 with a cash of Rs.4,20,000/- kept in the tank cover and another cash of Rs.30,000/- kept by Manjunath, so as to give the amount to Mukambika Finance in Tumkur. At about 9.30 a.m., when they reached near Chowdeshwari Temple, a car came from behind and try to hit against their two-wheeler, causing them to fall, Four persons got down from the said car, pointed a knife at them and sprinkled chilli powder on the face of Manjunath and robbed the cash. 4. Heard both sides and perused the material on record. 5. The learned counsel for the petitioners contended that the FIR was registered against five - 5 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 unknown persons, and the names of the petitioners do not find place in the FIR. It is submitted that the petitioners have been arraigned as accused only on the basis of the voluntary statement of accused No.8. Petitioners 1 to 4 (accused Nos.2, 3, 4, and 7) were arrested on 30.05.2025 and Petitioner No.5 (accused No.6) was arrested on 10.06.2025, and since then they are in judicial custody. It is further contended that the petitioners are no longer required for custodial interrogation, as the respondent state has only sought for judicial custody. It is argued that the petitioners are innocent, have been falsely implicated, and were not apprehended at the spot of the alleged incident. It is further submitted that a similarly placed co- accused, namely accused No.8, has already been enlarged on bail by this Court. 6. Per contra, the learned High Court Government Pleader submitted that the car used in the commission of the offence belongs to accused No.8 and that if the petitioners are enlarged on bail at this stage, there is - 6 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 every likelihood of tampering with the prosecution witnesses, fleeing from justice, and indulging in similar criminal activities. It is further contended that the charge sheet is yet to be filed, and therefore, the petitions deserve to be rejected. 7. The present petition is preferred by accused Nos.2, 3, 4, 6, and 7. On perusal of the records, it is seen that the complaint was lodged against five unknown persons, and these petitioners came to be arraigned as accused in the remand application. Petitioner/Accused No.3, Manjunath, named in the complaint, is a co-worker of the complainant. Petitioners 1 to 4 (accused Nos.2, 3, 4, and 7) were arrested on 30.05.2025, while Petitioner No.5 (accused No.6) was arrested on 10.06.2025, and since then they are in judicial custody. Initially, accused No.8 was arrested on 30.05.2025, and based on his voluntary statement, the present petitioners were apprehended. There has been a recovery of Rs.1,20,000/- from accused No.2, Rs.50,000/- from accused No.7, and - 7 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 Rs.23,000/- from accused no.4 along with Accused Nos.1 and 9, there has been a joint recovery of a car, an auto, and a steel knife at the instance of the present petitioners. 8. It is the contention of the learned counsel for the petitioners that a similarly placed accused no.8 has been enlarged on bail by order of this Court in Crl.P.8828/2025 dated 17.07.2025, and that there are no criminal antecedents against the petitioners. Petitioners have already been interrogated and are no longer required for custodial interrogation. Prosecution has to establish its case against the petitioners in a full-fledged trial. 9. Having regard to the above facts and circumstances, and taking into account that accused no.8 has already been granted bail, I am of the view that the present petitioners can be enlarged on bail on similar terms and conditions. Accordingly, the following: - 8 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 ORDER i. Petition is allowed. ii. Petitioners/Accused Nos.2, 3, 4, 6 and 7 in Crime No.110/2025 of Koratagere Police Station, Tumakuru, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge himself in committing any offence. 5. They shall appear before the trial Court on every date of hearing without fail. - 9 - HC-KAR NC: 2025:KHC:32664 CRL.P No. 10763 of 2025 Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 36