- 1 - HC-KAR NC: 2025:KHC:42260 CRL.P No. 11678 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11678 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: CHETHAN @ GUNDA @ KOTHI S/O. VENKATASWAMY AGED ABOUT 34 YEARS, R/AT NO. 12, 10TH CROSS , AMBEDKAR NAGAR, SARAKI, J.P.NAGARA, BANGALORE CITY - 560 078. …PETITIONER (BY SRI. CHANDRAPPA K.N, ADVOCATE) AND: THE STATE OF KARNATAKA BANASHANKARI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. …RESPONDENT (BY SMT. B. PUSHPALATHA, ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.PC (FILED UNDER SECTION 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 483 OF BNS 2023 IN C.C.NO.22254/2025 (CRIME NO.102/2025) OF BANASHANKARI POLICE STATION OFFICE UNDER SECTIONS 238, 61, 310(2), 311 OF BNS AND 25-(B)(b), 4 OF ARMS ACT Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:42260 CRL.P No. 11678 of 2025 PENDING ON THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT 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.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.102/2025 of Banashankari Police Station registered for offences punishable under Sections 238, 61, 310(2) and 311 of Bharatiya Nyaya Sanhita, 2023 and Section 25-1(B)(b) and 4 of Arms Act, pending in C.C.No.22254/2025 on the file of II Additional Chief Judicial Magistrate, Bangaluru. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, six unknown persons came to the room in a lodge - 3 - HC-KAR NC: 2025:KHC:42260 CRL.P No. 11678 of 2025 where petitioner/accused No.1 and C.W.1 to C.W.13 were playing cards and they robbed cash, gold and mobiles. The petitioner/accused No.1 was also one of the victim and he was playing cards with C.W.1 to C.W.13. There is no overtact against the petitioner/accused No.1 of robbing the money etc. The name of the petitioner/accused No.1 has been disclosed in the voluntary statement of accused Nos.2, 4, 6 and 7. The charge sheet has been filed and therefore, the petitioner/accused No.1 is not required for custodial interrogation. With these, he prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that, the dacoity of cash of Rs.10,00,000/-, 700 grams gold ornaments, mobiles and clothes have been robbed by six accused persons. The petitioner/accused No.1 is the main person in the conspiracy and dacoity. As per master plan of the petitioner/accused No.1, other accused persons have robbed cash, gold etc. The Investigating Officer has - 4 - HC-KAR NC: 2025:KHC:42260 CRL.P No. 11678 of 2025 collected CCTV footage. The accused persons have used deadly weapons. The share amount of the petitioner/accused No.1 out of the robbed money has been recovered at his instance. The charge sheet material shows that, it is a prima-facie case against the petitioner/accused No.1. If the petitioner/accused No.1 is granted bail, he will threaten the prosecution witnesses and commit similar offence. With these, she prayed for dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the FIR, charge sheet and other materials placed on record. 6. The accusation of the petitioner/accused No.1 and other accused persons in the charge sheet is that, the petitioner/accused No.1, accused Nos.2 and 8 conspired and accused Nos.3, 4, 5, 6 and 7 have joined them to commit the dacoity. As per the plan, the petitioner/accused No.1 went to the room of a lodge and - 5 - HC-KAR NC: 2025:KHC:42260 CRL.P No. 11678 of 2025 was playing cards along with C.W.1 to C.W.13. wherein, accused Nos.2 to 7 entered the said room, robbed cash of Rs.10,00,000/-, 700 grams gold ornaments, mobile phones etc., by giving threat to C.W.1 to C.W.13. Thereafter, accused Nos.1 to 7 have shared the cash robbed. Out of which, the petitioner/accused No.1 got Rs.2,50,000/-. There is a recovery of the said amount at the instance of the petitioner herein. There is also recovery of mobile phones robbed by the accused persons. The charge sheet material shows that, it is a prima-facie case against the petitioner/accused No.1 and other accused persons for offences alleged against them. The offence alleged is a heinous offence. The offence is committed with a pre-plan of the petitioner/accused No.1. The involvement of the petitioner/accused No.1 has been specifically stated by the other accused persons i.e., accused Nos.2, 4, 6 and 7 in their voluntary statements. 7. Considering the charge sheet materials, there is a prima-facie case against the petitioner/accused No.1 for - 6 - HC-KAR NC: 2025:KHC:42260 CRL.P No. 11678 of 2025 offences alleged against him. If the petitioner/accused No.1 is granted bail, there are chances of threatening the prosecution witnesses and committing similar offence. The petitioner has not made out any grounds for grant of bail. 8. In the result, this Criminal Petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 3