Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52490 CRL.P No. 14955 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14955 OF 2025 (439(Cr.PC) / 483(BNSS))
BETWEEN:
1.
MR.KIRAN KUMAR JAIN, S/O. UDAY LAL, AGED ABOUT 51 YEARS, R/AT 148/2, 4TH MAIN, 10TH CROSS, NEAR CHAMUNDI TEMPLE, SRINAGAR, BENGALURU-560 050 AND ALSO R/A NO. 125, 1 MAIN, SRI. RAMANJENEYA ROAD, NEAR SRINAGAR BUS STOP, SRINAGAR, BENGALURU-560 050.
…PETITIONER
(BY SRI. VIVEK SUBBAREDDY Sr. COUNSEL FOR SRI SUBBA REDDY K N.,ADVOCATE)
AND:
1.
STATE OF KARNATAKA THROUGH YELAHANKA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR (SPP) BENGALURU. 560001 …RESPONDENT (BY SRI CHANNAPPA ERAPP, HCGP)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52490 CRL.P No. 14955 of 2025
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL BY THE YELAHANKA POLICE IN FIR NO.334/2025 BY THE RESPONDENT POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(5), 309(4) OF BNS, 2023, ON THEIR APPEARANCE BEFORE THE LEARNED LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
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 Nagark Suraksha Sanhita, 2023 praying to grant bail in Crime No.334/2025 of Yelahanka Police Station registered for the offences punishable under Section 309(4), 310(2), 61(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023
2. Heard the learned Senior counsel for petitioner and the learned High Court Government Pleader for respondent/State.
3. The learned Senior counsel for petitioner would contend that, the accused No.3 has been granted bail by
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HC-KAR NC: 2025:KHC:52490 CRL.P No. 14955 of 2025
this Court by
order dated 02.12.2025 in Crl. P No.15051/2025, and therefore, the petitioner is entitled to grant of bail on the ground of parity. There is no recovery of any money at the instance of this petitioner. The accused Nos.1 and 2 conspired to rob from the house of the complainant. The accused No.1 has informed about the cash in the house of complainant to other accused. At the instance of accused No.1, cash of Rs.Thirty eight lakhs, and Rs.Fifty five lakhs have been recovered. There is recovery of coat and logo of Anti Corruption and Crime Bureau and ID card at the instance of petitioner and they have been seized. There are no criminal antecedents of the petitioner. As major portion of the investigation is over, the petitioner is not required for further custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, the learned High Court Government Pleader would contend that, the voluntary statement of this petitioner itself indicates his involvement in the commission of robbery in the absence of complainant to
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HC-KAR NC: 2025:KHC:52490 CRL.P No. 14955 of 2025
the extent of Rs.One crore fifty Lakh. The petitioner/accused No.4 and accused Nos.1, 2 and 5 entered in the house of complainant contending that they are the officers of the Anti Corruption and Crime Bureau and searched the house, robbed and taken away the bags containing cash. The investigation is in progress. The offence alleged against the petitioner is heinous offence punishable with imprisonment, which may extend to ten years. The petitioner is required for test identification parade. The requisition has been given for test identification parade, and it is yet to be conducted. If the petitioner is granted bail at this stage, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complainant, remand application and other materials placed on record. - 5 -
HC-KAR NC: 2025:KHC:52490 CRL.P No. 14955 of 2025
6. The voluntary statement of this petitioner itself indicates that the accused No.1, 2 and 5 entered the house of the complainant contending that, they are officers of Anti Corruption and Crime Bureau and they are wearing dresses of logo and ID card, and had taken away the bags containing the cash to the extent of Rs.One crore fifty lakh.
There is a recovery of coat containing logo of Anti Corruption and Crime Bureau at the instance of this petitioner along with ID card. The mahazar has been drawn at the house, which is shown by this petitioner wherein they have committed robbery. The Investigating Officer has filed a requisition for test identification parade. The petitioner is required for conducting test identification parade. The investigation is in progress. Therefore, at this stage the petitioner is not entitled for grant of bail. 7. The accused No.3, who has been granted bail, has not entered the house of the complainant. Therefore, he is placed different to that of the present petitioner, who
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HC-KAR NC: 2025:KHC:52490 CRL.P No. 14955 of 2025
has entered the house of the complainant, and robbed three bags containing cash. 8. Considering the above aspects, the petitioner has not made out any grounds for grant bail at this stage. 9. In the result, the following:
ORDER The petition is dismissed. The petitioner is at liberty to make a bail application before the Sessions Court after filing of the charge sheet.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
BKM List No.: 1 Sl No.: 4