- 1 - HC-KAR NC: 2025:KHC:49036 CRL.P No. 13281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13281 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. DEEPU S S/O LATE SRINIVASAPPA AGED ABOUT 34 YEARS R/AT KODIPALYA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK BENGALURU – 560 060. …PETITIONER (BY SRI A.N. RADHA KRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BIDADI POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON BAIL IN CC No.60/2024 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM, RAMANAGARA IN CR No.323/2020 OF BIDADI POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 397 OF IPC. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49036 CRL.P No. 13281 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.3 under Section 483 of BNSS praying to grant bail in C.C.No.60/2024 (arising out of Cr.No.323/2020 of Bidadi Police Station) pending on the file of Prl.Senior Civil Judge and CJM, Ramanagara, registered for the offence under Section 397 of IPC. 2. Heard the learned counsel for the petitioner and learned Addl.SPP for respondent / State. 3. Learned counsel for the petitioner would contend that accused No.1 has been granted bail by this Court in Crl.P.No.13127/2024 by order dated 07.01.2025 and accused No.2 has been granted bail by this Court in Crl.P.No.573/2021 by order dated 09.02.2021. The petitioner is also placed similarly to that of accused Nos.1 and 2 and therefore, he is entitled for grant of bail on the ground of parity. The allegations against the petitioner in - 3 - HC-KAR NC: 2025:KHC:49036 CRL.P No. 13281 of 2025 the charge sheet is robbing cash and he has not used weapon at the time of robbing and therefore, offence under Section 397 of IPC is not attracted. On these grounds, he prayed to allow the petition. 4. Per contra, learned Addl.SPP would contend that the incident had taken place on 28.12.2019 and the charge sheet has been filed in the year 2020. Due to the absence of the petitioner, the case against him has been split up twice. The absence of the petitioner has caused delay in disposal of the case registered against him. The petitioner is having criminal antecedents and he is involved in the following cases: (i) Cr.No.148/2020 of Kumbalgodu Police Station registered for the offence under Section 397 of IPC. (ii) Cr.No.01/2017 of Kengeri Police Station registered for the offence under Section 326 of IPC. (iii) Cr.No.04/2020 of Kamakshipalya police station registered for the offence under Section 397 of IPC. - 4 - HC-KAR NC: 2025:KHC:49036 CRL.P No. 13281 of 2025 (iv) Cr.No.143/2020 of Konanakunte police station registered for the offence under Section 307 of IPC and Section 251(b) of Arms Act. (v) Cr.No.293/2019 of Kumbalgodu Police Station registered for the offence under Section 397 of IPC. (vi) Cr.No.221/2020 of Kengeri Police Station registered for the offence under Section 420 of IPC. (vii) Cr.No.212/2019 of RMC Yard Police Station registered for the offence under Section 397 of IPC. (viii) Cr.No.197/2020 of Kengeri Police Station registered for the offence under Section 420 of IPC. (ix) Cr.No.27/2020 of Vijayanagar Police Station registered for the offence under Section 397 of IPC. 5. She contends that if the petitioner is granted bail, there are chances of he remaining absent and causing delay in trial and committing similar offence. With these she prays to reject the petition. - 5 - HC-KAR NC: 2025:KHC:49036 CRL.P No. 13281 of 2025 6. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 7. As per the charge sheet the case of the prosecution is that when CW.1 and 2 were waiting for transport, at that time, accused Nos.1 to 3 who were traveling in Swift car took them in their car under the guise of giving drop and after some time they threatened CWs.1 and 2 and robbed cash, laptop bag. As per charge sheet this petitioner/accused No.3 by holding shirt of CW.1 and threatening him, robbed cash of Rs.11,000/- and from CW.2 robbed cash of Rs.1,300/- 8. The petitioner is having criminal antecedents and he is involved in commission of several offences. The details of which are noted above. The petitioner stated to have committed the offence prior to the date of offence and subsequent to the date of offence. Even though the address of the petitioner is mentioned in the charge sheet, - 6 - HC-KAR NC: 2025:KHC:49036 CRL.P No. 13281 of 2025 he avoided service of notice and warrants issued against him and that caused delay in disposal of the case registered against him. 9. Considering the above aspects, the petitioner has not made any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 11 Ct.sm