- 1 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.8099/2025 C/W CRIMINAL PETITION NO.11318/2025 IN CRL.P No.8099/2025: BETWEEN: SHAFEER BABU A.A. SON OF ABDUL SALAM AGED ABOUT 49 YEARS RESIDENT OF AERVADIKKARAN PORATHISSERY, IRINJALAKUDA NORTH THRISSUR DISTRICT KERALA STATE- 680125. …PETITIONER (BY SRI. NATARAJ D, ADV.,) AND: STATE OF KARNATAKA BY VITLA POLICE STATION DAKSHINA KANNADA REP. BY STATE PUBLIC PROSECUTOR OFF/AT HIGH COURT OF KARNATAKA BENGALURU - 560001. …RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ENLARGE THE ON REGULAR BAIL U/S.483 OF BNSS ACT 2023 IN CRIME NO.2/2025 (C.C.NO.822/2025) OF VITLA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 POLICE STATION FOR THE OFFENCE P/US/ 62, 310(2), 351(2) OF BNS 2023 WHICH IS PENDING BEFORE THE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT BANTWALA, D.K. DISTRICT, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P NO.11318/2025: BETWEEN: SIRAJUDDIN S/O MAHAMMAD AGED ABOUT 39 YEARS R/AT D.NO. NO.2-1 NARSHA KP BAIL HOUSE BAREBETTU POST, KOLNADU VILLAGE BANTWAL TALUK, D.K DISTRICT - 574323. ...PETITIONER (BY SRI. LETHIF B, ADV.,) AND: THE STATE OF KARNATAKA BY VITLA POLICE STATION D.K. DISTRICT REP. BY SPP, HIGH COURT BUILDING BANGALORE-560001. ...RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL IN CR.NO.02/2025 (C.C.NO.822/2025) OF VITLA POLICE STATION, FOR THE OFFENCE P/U/S 62, 310(2), 351(2) OF BNS PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC BANTWAL, D.K. DISTRICT IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 ORAL ORDER Both the petitions which arise out of Crime No.2/2025 of Vitla Police Station of Dakshina Kannada are filed, to enlarge the petitioners on bail, hence, taken up together. 2. FIR is registered on 04.01.2025 against 6 unknown persons for the offence punishable under Section 319(2) and 318(4) of the BNS, 2023, on a complaint lodged by one Mohammed Ikbal. The allegations are that, the said six persons came to his house on 3.01.2025 at about 08.10 p.m., disguising as Enforcement Directorate (E.D.) officials, threatened the inmates of the house and robbed Rs.25 to 30 lakhs and 5 mobile phones. In the complaint it is stated that the complainant has seen the car and the accused and he can identify them in future. 3. In the course of investigation, the accused came to be arrested and their voluntary statements were recorded. Certain recoveries are affected and on completion of the investigation, charge sheet was filed - 4 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 against accused Nos.1 to 13 for the offence punishable under Section 62, 310(2), 351(2) of the BNS, 2023. 4. Petitioner in Crl.P.No.8099/2025 is accused No.1 and the petitioner in Crl.P.No.11318/2025 is accused No.4. Their respective bail petitions have been dismissed by the learned Sessions Judge, hence, they are before this Court seeking regular bail. 5. The learned High Court Government Pleader has contended that, petitioners are the main accused, they are instrumental in hatching the plan to rob the complainant, in the guise of ED officials. They have conspired with other accused and executed the plan. During investigation, call records of all the accused are collected and the same shows that constant calls are made between them, which implies that they were in touch with each other and conjointly committed the offence. The accused have robbed in all Rs.48,90,000/- in cash and also 5 mobile phones. It is contended that out of the crime proceeds, accused No.1 received Rs.15,00,000/-. Two mobile phones - 5 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 each are recovered from the petitioners. Therefore, contended that in view of the nature of offence and the manner in which it is committed, petitioners are not entitled for bail. It is also contended that accused No.1 is from Kerala State and if he is enlarged on bail, there is likelihood of tampering the witnesses and fleeing from justice. 6. The contention of the learned counsel for petitioners is that petitioners are falsely implicated in the case. There are no materials placed on record to connect them with the crime. Even according to the prosecution they were not present along with the accused who entered the house and robbed the complainant. Recovery of mobile phones itself is not sufficient to detain them in custody. It is contended that accused Nos.5 and 9 are enlarged on bail by this Court and allegations against the petitioners being not different from those accused, who are granted bail, petitioners are also entitled for bail on parity. - 6 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 7. According to prosecution, accused No.1, working in Police Department in Kerala hatched a plan to commit robbery in the house of affluent persons, posing as ED officials and conspired with accused No.5 and other accused persons. In furtherance of the conspiracy, on 03.01.2025 they travelled in different vehicles attached with fake number plates and posing themselves as ED officials, entered complainant’s house and posing threat, robed a cash of Rs.48,90,000/- and mobile phones. 8. According to prosecution, accused No.1 received Rs.15,00,000/-, accused No.2 received Rs.13,90,000/-, accused No.3 received Rs.5,00,000/-, accused No.5 received Rs.5,00,000/- and accused Nos.6, 7, 11, 12 and 13 received Rs.2,00,000/- each, out of the crime proceeds. From accused No.2 a sum of Rs.5,00,000/- and from accused Nos.1 and 6 mobile phones allegedly purchased out of the robbed amount, are recovered. No cash has been recovered from the petitioners. - 7 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 9. The learned High Court Government Pleader has contended that, call detail records are collected to show that the accused were in constant touch with each other during the relevant point of time. From accused No.1 mobile phones which are allegedly purchased from the crime proceeds are recovered. From accused No.4 a mobile phone has been recovered. However, there is no material at this stage except the CD records to show that the petitioners have conspired with other accused persons to commit the offence. Even according to the prosecution the petitioners have not entered the house of the complainant. It is alleged that accused No.4 was standing outside the house and giving direction to other accused persons. 10. The learned High Court Government Pleader has contended that the bail petition of accused No.4 was rejected by this Court in Crl.P.No.4067/2025. Copy of the order dated 15.04.2025 has been furnished by the learned counsel for accused No.4. This Court having regard to the - 8 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 fact that the investigation of the case was still under progress and some of the accused are yet to be arrested, had dismissed the said petition. 11. It is not in dispute that subsequent to dismissal of the petition preferred by accused No.4, bail was granted to accused Nos.5 and 9 in Crl.P.No.9738/2025 dated 22.07.2025 and Crl.P.No.9429/2025 dated 16.07.2025. It is observed therein, that there is no recovery of any cash or any incriminating material from the said petitioners except the mobile phones, alleged to have purchased from the crime proceeds. The case of the petitioners is not different from the case of accused Nos.5 and 9 who are granted bail by this Court. They have no criminal antecedents. The prosecution has to establish its case against them in trial. They have undertaken to furnish sufficient surety to ensure their regular presence before the trial Court. Hence, the following: - 9 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 ORDER i. Petitions are allowed. ii. Petitioners/accused Nos.1 and 4 in Crime No.2/2025 of Vitla Police Station, Dakshina Kannada, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees only) each with two sureties for the likesum, one of them shall be a local surety, to the satisfaction of the jurisdictional Court. 2. They shall furnish proof of their residential address and shall inform the Court, if there is change in the address. 3. They shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 4. They shall not tamper with the prosecution witnesses either directly or indirectly. - 10 - HC-KAR NC: 2025:KHC:32896 CRL.P No.8099/2025 C/W CRL.P No.11318/2025 5. They shall appear before the trial Court on all dates of hearing without fail. 6. They shall not indulge in criminal activities. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE ABK List No.: 1 Sl No.: 16