Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44299 CRL.P No. 13136 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13136 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
MR. TEJU @ TEJUKUMAR K M S/O LATE MARISWAMY AGED ABOUT 21 YEARS R/A KARLAPURA VILLAGE NANJANAGUDU TALUK MYSURU DISTRICT PIN : 570001 …PETITIONER (BY SRI. MALATESH H.,ADVOCATE) AND:
1.
THE STATE - THROUGH THE POLICE INSPECTOR OF T. NARASIPURA, POLICE STATION, MYSURU.
(REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE)-01 …RESPONDENT (BY SRI.CHANNAPPA ERAPPA, HCGP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO GRANT AND ORDER OF REGULAR BAIL TO THE PETITIONER IN REJECTING OF THE BAIL PETITION ON 12.08.2025 IN CRL. MISC. NO.1150/2025 BY THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN CONNECTION WITH CR.NO.242/2025 OF T.NARASIPURA P.S., MYSURU DISTRICT, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, AT T.NARASIPURA, MYSURU DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 126(2), 309(6), 3(5) OF BNS ACT, 2023.
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44299 CRL.P No. 13136 of 2025
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 Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.242/2025 of T Narasipura Police Station registered for the offences punishable under Sections 126(2), 309(6) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 3. The learned counsel for the petitioner would contend that, there is no role of the petitioner/accused No.2 in commission of the offence. The petitioner is simply accompanied accused No.3 on his motorcycle to the spot without aware of any plan by accused Nos.1 and 3 to commit robbery. There is no overt act against this
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HC-KAR NC: 2025:KHC:44299 CRL.P No. 13136 of 2025
petitioner. There are no criminal antecedents of the petitioner. Even though, there is allegation against this petitioner/accused No.2 in column No.17 of the charge sheet, but on perusal of the charge sheet material, it appears that there is a typographical mistake in mentioning as accused No.2 instead of accused No.3. The petitioner is ready to abide by any terms and conditions to be imposed by this Court. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader for the respondent - State would contend that, there is a serious allegation against the petitioner in column No.17 of the charge sheet. 5. In order to ascertain whether the allegations made in column No.17 of the charge sheet are correct, considering the charge sheet materials, the learned High Court Government Pleader has secured the Investigating Officer. The Investigating Officer is present. He submits
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HC-KAR NC: 2025:KHC:44299 CRL.P No. 13136 of 2025
that there is a typographical mistake in column No.17 of the charge sheet in mentioning accused No.2 instead of accused No.3. The Investigating Officer submitted that he will make a requisition to the jurisdictional Court for correction of accused No.3 in the place of accused No.2 in column No.17 of the charge sheet. 6. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record, and also heard the Investigating Officer present before Court. 7.
On perusal of the charge sheet records indicate that accused Nos.1 and 3 made a plan to rob money carried in Eicher Lorry bearing No.KL-13W-5361 driven by accused No.1. The said amount has been collected by supply of food article. As per the said plan of accused Nos.1 and 3, accused No.1 drove the said Eicher lorry, and CWs.2 and 3 were the loaders in the said lorry. Accused Nos.2 and 3 came on motorcycle and accused No.1
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HC-KAR NC: 2025:KHC:44299 CRL.P No. 13136 of 2025
stopped the said lorry and accused No.3 boarded the said lorry, kept the knife on the neck of accused No.1, and caused injury to CWs.2 and 3 and to the neck of accused No.1 and robbed the bag containing cash of Rs.1,91,000/- and escaped from the spot. 8. The accusation against the petitioner/accused No.2 is that, he accompanied accused No.3 on motorcycle to the spot. There are no serious overt-act alleged against the petitioner/accused No.2 in committing the robbery. There is no allegation of any plan by this petitioner with accused Nos.1 and 3. On perusal of the voluntary statement of accused No.3, he asked this petitioner to accompany him on his motorcycle. 9. Considering the above aspects, and as there are no criminal antecedents of the petitioner, he is entitled for grant of bail with conditions. In the result, the following:
ORDER
i) The petition is allowed.
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HC-KAR NC: 2025:KHC:44299 CRL.P No. 13136 of 2025
ii) The petitioner is granted bail in Crime No.242/2025 of T Narasipura Police Station registered for the offences punishable under Sections 126(2), 309(6) and 3(5) of Bharatiya Nyaya Sanhita, 2023 subject to following conditions:
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court;
b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly;
c) The petitioner shall appear before the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 3