- 1 - HC-KAR NC: 2025:KHC:50206 CRL.P No. 15197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15197 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. PREMKUMAR NAIKA M S/O MALLESH NAIKA, AGED ABOUT 18 YEARS RESIDING AT 4TH CROSS, RAJENDRA BADAVANE DAVANAGERE PIN CODE NO 3 571 419. &PETITIONER (BY SRI. RAJU C N, ADVOCATE) AND: 1. STATE BY EXTENSION POLICE DAVANAGERE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE. PIN CODE No.560 001. &RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.197/2025 OF EXTENSION POLICE, DAVANAGERE ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE AND JMFC COURT AT DAVANAGERE, FOR THE OFFENCE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50206 CRL.P No. 15197 of 2025 PUNISHABLE UNDER SECTION 310(2) OF BHARATHIYA NYAYA SANHITH (B.N.S). BY ALLOWING THIS PETITION. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 under Section 483 of BNSS praying to grant bail in Crime No.197/2025 of Davanagere Extension Police Station registered for offence punishable under Section 310(2) of BNS. 2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for the petitioner would contend that in the alleged incident there is robbery of Rs.4,300/- cash, mobile phone and golden chain. 07 persons are stated to be involved in the incident. Out of them, 05 persons are juveniles. The petitioner has been arrested on 08.10.2025 and he is in jail since that day. The petitioner is aged 18 years and he is not having any - 3 - HC-KAR NC: 2025:KHC:50206 CRL.P No. 15197 of 2025 criminal antecedents. With this, he prayed to allow the petition. 4. Per contra, learned High Court Government Pleader for the respondent 3State would contend that investigation is completed and charge sheet has been filed. The wound certificate of the injured indicate that he has sustained five simple injuries. The petitioner is described as accused No.2 in the remand application and he is doing vegetable business. The offence alleged against the petitioner and other accused is under Section 310(2) of BNS and it is provided with the punishment of imprisonment for life or rigorous imprisonment for term which may extend upto 10 years. There is recovery of cash and mobile phone of the accused persons. If the petitioner is granted bail, there are chances of committing similar offence and threatening the prosecution witnesses. With this, he prays to reject the petition. - 4 - HC-KAR NC: 2025:KHC:50206 CRL.P No. 15197 of 2025 5. Having heard learned counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. The case of the prosecution is that on 23.09.2025 when complainant was returning to his town at about 01.30a.m., 5 to 6 boys in circle have restrained him, abused him in filthy language, assaulted him with hands and clubs on his forehead, neck, back and legs and robbed cash of Rs.4,300/-, neck chain weighing 25 grams and mobile phone. Out of the 07 persons, 05 are children in conflict with law. The petitioner is accused No.2. The offence alleged against the petitioner is punishable under Section 310(2) of BNS is provided with the punishment of life imprisonment or rigorous imprisonment which may extent upto 10 years. The charge sheet materials show prima facie case against the petitioner for offences alleged against him. If the petitioner is granted bail, there are chances of he committing similar offence. Considering the said aspect, the petitioner is not entitled for grant of bail. - 5 - HC-KAR NC: 2025:KHC:50206 CRL.P No. 15197 of 2025 In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 21 Ct.sm