- 1 - HC-KAR NC: 2025:KHC:37703 CRL.P No. 9689 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9689 OF 2025 BETWEEN: SRI ARUN KUMAR A S/O. SRI. ANTHONY SWAMY, AGED ABOUT 27 YEARS, R/AT NO.161, NEAR CHRIST THE KING CHURCH, BYRATHI, BANGALORE NORTH TALUK, BENGALURU-560 077 …PETITIONER (BY SRI. RAGHU M V.,ADVOCATE) AND: THE STATE OF KARNATAKA BY KORATAGERE POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT (BY SRI. R. RANGASWAMY., HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT THE RELIEF OF ANTICIPATORY BAIL IN THE ABOVE CASE IN THE EVENT OF HIS ARREST BY THE KORATAGERE POLICE STATION CONNECTION WITH CRIME NO.110/2025 ALLEGED OFFENCES U/S 310(2) OF THE BNS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37703 CRL.P No. 9689 of 2025 2023 WHICH IS NOW PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC, 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 preferred under Section 482 of the BNSS, 2023 to enlarge the petitioner on bail in Crime No.110/2025 of Koratagere Police Station, Tumakuru, registered for the offence Punishable under Section 310(2) of the BNS, 2023. 2. Investigation is completed and charge sheet is filed. 3. FIR is registered on a complaint lodged by one Sundar. S. against 5 unknown persons. It is averred in the complaint that first informant is working as Manager in one Sri. Mukambika Finance and along with him one Manjunath bin Venkatesh K (accused No.3) was also - 3 - HC-KAR NC: 2025:KHC:37703 CRL.P No. 9689 of 2025 working. On 27.05.2025 at about 8.30 a.m., complainant and Manjunath proceeded 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, 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 hit against their two-wheeler, causing them to fall. Four persons got down from the said car, pointed a knife at them, sprinkled chilli powder on the face of Manjunath and robbed the cash. 4. Learned High Court Government Pleader has contended that petitioner has been absconding from the date of registration of the case, whereas all other accused are arrested and subjected to Test Identification Parade (TIP). He contended that petitioner is required for TIP, hence, he is not entitled for anticipatory bail. - 4 - HC-KAR NC: 2025:KHC:37703 CRL.P No. 9689 of 2025 5. The learned High Court Government Pleader has contended that more than 5 accused have been identified by the victim in the TIP. This would mean that, the complainant/victim who has specifically stated in the FIR that, only 5 persons are involved in the commission of the offence, later identified more than 5 persons in the TIP, which at this stage, creates some doubt in the prosecution case. 6. Charge sheet is filed against accused Nos.1 to 9 for the offence Punishable under Section 310(2) of the BNS, 2023. Accused Nos.1 to 4, 6 to 9 are enlarged on bail by this Court. It appears that name of the petitioner emerged from the voluntary statement of the co-accused. No criminal antecedents against him has been brought to the notice of the Court. Hence, by imposing stringent conditions, petitioner can be enlarged on bail. Accordingly, the following:- - 5 - HC-KAR NC: 2025:KHC:37703 CRL.P No. 9689 of 2025 ORDER i) Petition is allowed. ii) Petitioner / accused No.5 in Crime No.110/2025 of Koratagere Police Station, Tumakuru is ordered to be released on bail in the event of his arrest, subject to following conditions:- a) He shall appear before the Investigating Officer within one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum. b) He shall appear before the IO within a week from the date of his release and shall co-operate with the further investigation of the case, if any. b) He shall furnish proof of his residential address/contact number and shall inform the I.O. in case of change in the address/contact number. - 6 - HC-KAR NC: 2025:KHC:37703 CRL.P No. 9689 of 2025 d) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly. e) He shall be regular in attending the Court proceedings. f) He shall not indulge himself in committing any offence. Violation of any conditions shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 28