- 1 - HC-KAR NC: 2025:KHC:41845 CRL.P No. 13713 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 13713 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MUSAHIF KHAN S/O AYUB KHAN AGED ABOUT 24 YEARS R/AT TAGACHAGUPPE VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK BENGALURU – 560 066. …PETITIONER (BY SRI PRASANNA RAO R, ADVOCATE) AND: 1. STATE BY KAGGALIPURA P S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME No.249/2025 OF RESPONDENT KAGGALIPURA P.S, REGISTERED FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 309(6), 311 R/W 3(5) OF THE BNS 2023 PENDING ON THE FILE OF THE HON’BLE IIND ACJM, IN CC.No.11481/2025. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41845 CRL.P No. 13713 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 Cr.No.249/2025 of Kaggalipura Police Station registered for the offences punishable under Section 309(6), 311 read with 3(5) of BNS. 2. Heard learned counsel for the petitioner and learned HCGP for respondent / State. 3. Learned counsel for the petitioner would contend that the petitioner is in custody since 09.07.2025 and as the charge sheet is filed, he is not required for custodial interrogation. The accusation against the petitioner as per Column-17 of the charge sheet is that he assaulted CW.1 with hands and all the accused robbed Rs.14,000/- from CW.1. Out of the robbed amount, Rs.1,650/- has been - 3 - HC-KAR NC: 2025:KHC:41845 CRL.P No. 13713 of 2025 recovered from this petitioner. The wound certificate indicate that the injury sustained by CW.1 is simple in nature. With this he prayed to allow the petition. 4. Per contra, learned HCGP would contend that accusation as per column-17 of the charge sheet is that accused Nos. 1 to 4 assaulted CW.1 and robbed Rs.14,000/-. The offences alleged against the petitioner are punishable with imprisonment for 7 years. CW.2 is the eye witness to the incident. If the petitioner is granted bail, there are chances of him threatening the prosecution witnesses and committing similar offence. With this, he prayed to reject the petition. 5. Having heard the learned counsel, this Court has perused charge sheet and other materials placed on record. 6. As per column-17 of the charge sheet, on 07.07.2025 at about 10.30 p.m., when CW.1 was going on his bike and CW.2 was a pillion rider, at that time accused - 4 - HC-KAR NC: 2025:KHC:41845 CRL.P No. 13713 of 2025 No.1 abused CW.1 and accused No.2 assaulted CW.1 with hand on his face. Accused No.1 assaulted CW.1 with knife on his left side of chest and caused bleeding injury. Accused Nos.3 and 4 assaulted CW.2 with hands and robbed Rs.14,000/-. CW.2 is an eye witness to the incident. Rs.1,650/- has been recovered from the petitioner/Accused No.3. The offence alleged against the petitioner is a heinous offence punishable with imprisonment for 7 years and above. If the petitioner is granted bail there are chances of he repeating the similar offence. Therefore, the petitioner is not entitled for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 31