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2025 DAILYLAW 58118 (KAR)

SURYA v. STATE OF KARNATAKA BY

CRL.P/15176/2025 · 2025-12-09

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51878 CRL.P No. 15176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15176 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SURYA S/O KRISHNAMURTHY, AGED ABOUT 21 YEARS, R/AT 3RD CROSS, PARIMALA NAGARA, NANDINI LAYOUT, BENGALURU - 560086. …PETITIONER (BY SRI. YOGESH G.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BY RMC YARD POLICE STATION BENGALURU. REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51878 CRL.P No. 15176 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.173/2025 OF RESPONDENT RMC YARD POLICE STATION, BENGALURU REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 310(2) OF BNS 2023, PENDING ON THE FILE OF THE LEARNED XXXI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU CITY. 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.4 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.173/2025 R.M.C. Yard Police Station registered for the offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State 3. The learned counsel for petitioner would contend that, the petitioner has been falsely implicated in the case. He is not having any criminal antecedents. There - 3 - HC-KAR NC: 2025:KHC:51878 CRL.P No. 15176 of 2025 is no recovery from the petitioner. The accused No.3 is having criminal antecedents. The petitioner is in judicial custody since 24.09.2025. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government for the respondent/State would contend that, the petitioner and four others have committed robbery of the mobile of the complainant. The petitioner and all four others caught at the same time when they were together. There is a recovery of mobile phone from accused No.1. The investigation is in progress. If the petitioner is granted the bail at this stage, he may hamper the investigation and tamper the prosecution witnesses. With this, she prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint, remand application and other material placed on record. - 4 - HC-KAR NC: 2025:KHC:51878 CRL.P No. 15176 of 2025 6. The averments of the complaint indicate that, on 21.09.2025 at about 09.30 p.m. when complainant was returning from his work, five unknown persons in the guise of asking time have robbed him, took his mobile phone, assaulted him and ran away. The petitioner and other four accused persons were arrested on the same day when they were together. There is a recovery of mobile phone of the complainant at the instance of accused No.1. The accused No.3 is having criminal antecedent. Investigation is in progress. The offence alleged is provided punishment of imprisonment for life or rigorous imprisonment for a term, which may extend to ten years. The investigation is in progress. If the petitioner is granted bail at this stage, there are chances of hampering the investigation and tampering the prosecution witnesses. 7. Considering the above aspects, the petitioner has not made out any grounds for grant of bail at this stage when investigation is in progress. - 5 - HC-KAR NC: 2025:KHC:51878 CRL.P No. 15176 of 2025 In the result, the following: ORDER The petition is dismissed. The petitioner is at liberty to make a bail application after filing of charge sheet before the Sessions Court. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6