- 1 - HC-KAR NC: 2025:KHC:27963 CRL.P No. 8830 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8830 OF 2025 BETWEEN: 1. SYED RAYAN S/O SYED YONUS, AGED ABOUT 25 YEARS R/A 48/7, 18TH CROSS, 2ND MAIN LAKKASANDRA, AUDUGODI POST, BANGALORE SOUTH, BANGALORE -560 030. 2. SYED ABDUL HANNAN, S/O SYED FAIEEQ AHMED, AGED ABOUT 26 YEARS, R/A #5, AL NAZ MANZIL, 16TH CROSS, AUDUGODI POST, LAKKASANDRA, BANGALORE SOUTH, BANGALORE -560 030. …PETITIONERS (BY SRI DHANANJAYA S.B., ADVOCATE) AND: THE STATE OF KARNATAKA, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE -560 001, THROUGH CHANNAPATNA TOWN POLICE CHANNAPATNA, RAMANAGARA DISTRICT. …RESPONDENT (BY SRI RANGASWAMY, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER ON BAIL OF CHANNAPATNA TOWN POLICE REGISTERED IN CRIME NO.68/2024 (CC.NO.175/2025) ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE AND JMFC AT CHANNAPATNA FOR THE ALLEGED OFFENCE U/S. 311, 115(2) OF BNS, 2023. THE 3RD ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA HAS REJECTED ANTICIPATORY BAIL PETITION ON 05.06.2025 IN CRL.MISC.NO.376/2025. Digitally signed by GURURAJ D Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27963 CRL.P No. 8830 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The accused Nos.5 and 6 in Crime No.68/2024 registered by Channapatna Town Police Station, Ramanagara, for the offences punishable under Sections 309(4) and 309(6) of the Bharatiya Nyaya Sanhita (BNS), 2023 and for the offences punishable under Sections 311 and 115(2) of BNS, 2023 are before this Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.68/2024 was registered by Channapatna Town Police Station, Ramanagara, initially for the offences punishable under Sections 309(4) and 309(6) of BNS, 2023, based on the first information dated 07.11.2024 received from Sunil S/o Girish. During the course of investigation of the case, accused Nos.1 to 4 were arrested on 15.11.2024. After completing investigation, charge-sheet has been filed against 6 persons and petitioners herein are shown as absconding in the charge-sheet. Apprehending arrest in the said case, petitioners - 3 - HC-KAR NC: 2025:KHC:27963 CRL.P No. 8830 of 2025 had filed Crl.Misc.No.376/2025 before the jurisdictional Sessions Court, which was rejected on 05.06.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners submits that petitioners' have no criminal antecedents and only based on the confession statement of the arrested accused, they are now arrayed as accused Nos.5 and 6 in the charge-sheet. Accordingly, he prays to allow the petition. 5. Per contra, the learned HCGP has opposed the bail petition and submits that accused persons have shared the robbed money after the alleged incident and therefore, said amount has to be recovered from them and prays to dismiss the petition. 6. In the first information submitted by one Sunil, he has stated that on 07.11.2024, two persons entered to the petrol-bunk while he was on duty and after assaulting his colleague - Shanavaz, the accused persons robbed Rs.22,000/- and went away in the car. It is under this circumstances, FIR was initially registered against 3 persons. During the course of - 4 - HC-KAR NC: 2025:KHC:27963 CRL.P No. 8830 of 2025 investigation, 4 persons were arrested in the present case on 15.11.2024. 7. As per the charge-sheet, the accused Nos.1 and 2 who had entered the petrol-bunk after attacking Shanavaz had taken away a sum of Rs.22,000/-. It is also alleged that the accused Nos.3 to 6 were inside the car in which accused No.1 and 2 had escaped. Accused Nos.1 to 4 who were arrested in the present case have been granted regular bail by this Court in Crl.P.No.360/2025; Crl.P.No.190/2025 and Crl.P.No.4198/ 2025. 8. Undisputedly, the petitioners herein have no criminal antecedents and only based on the confession statement of the other accused, petitioners are arrayed as accused Nos.5 and 6. Under these circumstances, I am of the opinion that the prayer made by the petitioners is required to be answered in affirmative. Accordingly, the following : ORDER The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.68/2024 by registered by the Channapatna Town Police Station, - 5 - HC-KAR NC: 2025:KHC:27963 CRL.P No. 8830 of 2025 Ramanagara, for the offences punishable under Sections 309(4) and 309(6) of the BNS, 2023 and for the offences punishable under Sections 311 and 115(2) of BNS, 2023, subject to the following conditions: (i) The petitioners shall appear before the jurisdictional Court within fifteen days from the date of receipt of the copy of this Order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the jurisdictional Court. (ii) Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. (iii) Petitioners shall not tamper with the prosecution witness and shall co-operate with the police for investigation and appear before them whenever called upon. (iv) The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE GRD List No.: 1 Sl No.: 44