ANAND SAINI ALIAS ANANDA v. THE STATE OF KARNATAKA
CRL.P/11317/2025 · 2025-11-11
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57094 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57094 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:45776 CRL.P No. 11317 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11317 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN:
ANAND SAINI ALIAS ANANDA S/O. PAPPU SAINI, AGED ABOUT 19 YEARS, R/AT. KERIKURMA VILLAGE, ANATH TAHSEEL TALUK, SHAMLI DIST. SANGLI, UTTAR PRADESH - 247 776. …PETITIONER (BY SRI. G.M. SHARATH KUMAR, ADVOCATE FOR SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY TIPTUR TOWN POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATH B., ADDITIONAL SPP)
THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN S.C.NO.10055/2024 OF CRIME NO.175/2024 REGISTERED BY TIPTUR TOWN POLICE
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:45776 CRL.P No. 11317 of 2025
STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 312, 3(5) OF BNS, 2023 PENDING ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU (SITTING AT TIPTUR.
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.3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in S.C.No.10055/2024 (arising out of Crime No.175/2024 of Tiptur Town Police Station) registered for offences punishable under Sections 312 and 3(5) of Bharatiya Nyaya Sanhita, 2023, pending on the file of V Additional District and Sessions Judge, Tumakuru (sitting at Tiptur).
2. Heard
learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State.
- 3 -
HC-KAR NC: 2025:KHC:45776 CRL.P No. 11317 of 2025
3.
Learned counsel for petitioner would contend that, accused No.2 has been granted bail by this Court in Criminal Petition No.3240/2025 and the present petitioner who is also placed similar to that of accused No.2 is entitled for grant of bail on the ground of parity. 4. The accusation against this petitioner in column No.17 is that, he caught C.W.2 and accused No.1 tried to snatch golden chain from the neck of C.W.1 and accused No.2 was holding deadly weapon - dragon and shown it to C.W.1 and C.W.2 and threatened them. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, he prayed to allow the petition. 5. Per contra, learned Additional State Public Prosecutor would contend that, there is a joint recovery from accused Nos.1 and 3 of two choppers, one rod and other articles. This petitioner is having criminal antecedents. This petitioner is involved in three (3) cases in Shamli Police Station in Crime No.557/2023 for offences
- 4 -
HC-KAR NC: 2025:KHC:45776 CRL.P No. 11317 of 2025
under Sections 120B, 392 and 411 of IPC, in Crime No.559/2023 for offences under Sections 307 and 34 of IPC and Sections 25 and 27 of Arms Act and Crime No.257/2023 for offences under Sections 147, 323, 504, and 506 of IPC. Two cases are registered in Tiptur Town Police Station in Crime No.175/2024 for offences under Sections 312 and 3(5) of BNS and Crime No.178/2024 for offences under Sections 331, 305, 62 and 3(5) of BNS. The petitioner is in the habit of committing robbery. If the petitioner is granted bail, there is a threat to prosecution witnesses. C.W.1 and C.W.2 are eye witnesses to the incident. The charge sheet materials show that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition. 6. Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record. - 5 -
HC-KAR NC: 2025:KHC:45776 CRL.P No. 11317 of 2025
7. As per column No.17 of the charge sheet, the accusation against the accused persons is that, accused Nos.1 to 3 were possessing deadly weapons in their bag and they threatened the C.W.1 and C.W.2 to give golden chain, mobile phone and cash.
At that time, when C.W.1 and C.W.2 refused to give, accused No.1 took a dragon from his bag and threatened C.W.1 and C.W.2 by showing it to them. Accused No.3 held the C.W.2 and accused No.1 tried to snatch golden chain from the neck of C.W.1. C.W.1 and CW2 are victims as well as eye witnesses to the incident. The offence alleged against the petitioner is a heinous offence. The petitioner is having criminal antecedents and he is involved in three (3) crimes in Shamli Police Station of Uttar Pradesh and two (2) crimes in Tiptur Town Police Station of Karnataka State. If the petitioner is granted bail, there is a threat to the prosecution witnesses and there are chances of committing similar offence. - 6 -
HC-KAR NC: 2025:KHC:45776 CRL.P No. 11317 of 2025
8. Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
KLV List No.: 1 Sl No.: 13