- 1 - HC-KAR NC: 2025:KHC:29089 CRL.P No. 6888 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6888 OF 2025 BETWEEN: MR. NISSAR S/O MOOSA AGED ABOUT 54 YEARS R/AT MANDEPURATH HOUSE KURUMBIL, VENNIYUR POST THIRURANGADI DISTRICT MALAPURAM, KERALA STATE. …PETITIONER (BY SRI ISMAIL MUNEEB MUSBA, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY GONIKOPPA P.S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENT (BY SRI K. NAGESWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND BE PLEASED TO DIRECT THE RESPONDENT GONIKOPPA P.S., BENGALURU, TO RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN SC.NO.5004/2025 ARISING OUT OF CR.NO.169/2023, FOR THE OFFENCES P/U/S 120(B),363,395,397,114,212,75 OF IPC, PENDING ON THE FILE OF HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT KODAGU-MADIKERI, SITTING AT VIRAJPET. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29089 CRL.P No. 6888 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent/State and perused the material on record. 2. Petitioner, arraigned as accused No.3 in the charge sheet submitted by Gonikoppa Police Station, Kodagu, in Crime No.169/2023, has preferred this petition to enlarge him on bail. 3. FIR is registered against 10-15 unknown persons, on a complaint lodged by one Shamjadh K, for offences punishable under Sections 395, 397 and 363 of IPC. 4. On completion of investigation, charge sheet is filed against accused nos.1 to 21 and supplementary charge sheet against accused no.22, for offences punishable under Sections 120B, 363, 395, 397, 114 and 75 of IPC. 5. It is the case of prosecution that, the complainant a resident of Malappuram district, Kerala, along with his friend i.e - 3 - HC-KAR NC: 2025:KHC:29089 CRL.P No. 6888 of 2025 C.W.2 travelled to Mysuru on 08.12.2023 in a Mini Cooper car bearing registration No. HR-26CL -5200 and sold a 992.570 grams gold bar to C.W.10 for a cash consideration of Rs.61,70,000/- . While returning, accused no.2 having prior knowledge of the cash transport from Mysuru to Kerala, contacted accused no.3, who in turn coordinated with several other accused persons to arrange men, vehicles etc., for executing the plan. Accused no.3 further involved accused no.1, who agreed to facilitate the execution. On the night of 08.12.2023, Accused no.2 alerted accused no.3 and 5. Subsequently, the other accused assembled with multiple vehicles near Thithimathi Town towards Gonikoppa. Around 1:50 AM, the mini cooper was intercepted in front of cement tipper lorry and accused no.20 broke the windshield of the mini cooper with an iron rod, accused no.18 threatened the complainant with a pistol and dragged him out, while accused no.19 forcibly removed C.W.2. Both the victims were shifted to separate vehicles. Later the accused person proceeded to a secluded location, where Accused no.1, 7 and 19 searched the mini cooper/ complainant’s car and then took possession of Rs.61,70,000/- and all the accused shared the looted amount. - 4 - HC-KAR NC: 2025:KHC:29089 CRL.P No. 6888 of 2025 Petitioner is alleged to have received Rs.1,50,000/- from the proceeds of the offence. 6. As per charge sheet allegations, accused no.2 collected information that certain persons are carrying gold in a MINI Cooper Car for sale from Mallapuram in Kerala to Mysuru and after selling the gold, they would return to Mallapuram in Kerala. As such he passed on the information to accused no.3, who along with accused no.2 conspired to commit dacoity and informed the matter to accused no.1, who hatched a plan and committed the offence along with other accused persons. 7. Learned High Court Government Pleader contended that a sum of Rs.1,50,000/- and a mobile phone are recovered from the petitioner. He contended that the petitioner is a native of Kerala State and therefore, if he is enlarged on bail, he may flee from justice. 8. Charge sheet allegations do not reveal that the petitioner, namely, accused no.3 was present at the spot when dacoity was committed. It is alleged by the prosecution that accused no.3 after receiving the information from accused no.2, passed - 5 - HC-KAR NC: 2025:KHC:29089 CRL.P No. 6888 of 2025 on the information to accused no.1 and thus, he is an informant. 9. Learned counsel for the petitioner submitted that accused nos.1, 7, 8, 9, 12, 14, 15, 16, 17, 20 and 21 are already enlarged on bail. Copies of the bail orders are furnished. It is noticed, Accused nos.9, 12, 14, 15, 17 and 20 are enlarged on bail by this Court. 10. Petitioner was arrested on 27.02.2024. Since then, he is in judicial custody. Charges are yet to be framed in this case. There are 115 witnesses cited in the charge sheet. Similarly placed accused are enlarged on bail. Considering the facts and circumstances, by imposing stringent conditions, petitioner can be released on bail. Accordingly, the following:- ORDER i) Petition is allowed. ii) The petitioner/accused No.3 in Crime No.169/2023 of Gonikoppa Police Station, Kodagu District, now pending in SC No.5004/2025 on the file of II Addl. District and Sessions Judge, Kodagu-Madikeri, sitting at Virajpet, shall be enlarged on bail, subject to following conditions:- - 6 - HC-KAR NC: 2025:KHC:29089 CRL.P No. 6888 of 2025 a) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum, out of which, one shall be a local surety, to the satisfaction of the jurisdictional Court. b) Petitioner shall furnish proof of his residential address and his contact number and he shall inform the Investigation Officer/Court, if there is any change in the address/contact number. c) Petitioner shall not tamper with the prosecution witnesses either directly or indirectly d) Petitioner shall not indulge himself in committing any offence. e) Petitioner shall appear before the Trial Court on all dates of hearing without fail, unless exempted for any genuine cause. Violation of the bail condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DN/List No.: 1 Sl No.: 15