- 1 - HC-KAR NC: 2025:KHC:39558 CRL.P No. 13168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13168 OF 2025 BETWEEN: 1. SRI. FAIROZ KHAN S/O IMAM KHAN AGED 51 YEARS, R/A PUNAJANURU GATE VILLAGE, CHAMARAJANAGAR - 571 127 2. SRI. SYED IMRAN AGED ABOUT 38 YEARS, S/O SYED IQBAL, R/ATNO. 5/130, BEHIND ZOHRA MASJID, AHMED NAGAR MOHALLA, CHAMARAJANAGAR - 571 313. …PETITIONERS (BY SRI. PRAVEEN S, ADVOCATE) AND: STATE OF KARNATAKA CHAMARAJANAGARA TOWN POLICE STATION, REPRESENTED BY SPP, HIGH COURT, BENGAKURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 OF BHARATIYA NAGRIKA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39558 CRL.P No. 13168 of 2025 SURAKSHA SANHITA) OF CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.132/2025 FOR OFFENCE PUNISHABLE UNDER SECTION 310(2) OF BHARATIYA NYAYA SANHITA REGISTERED BY CHAMARAJANAGARA TOWN POLICE PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) AND CJM, CHAMARAJANAGARA. 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 Nos.2 and 3 under Section 483 of Bharatiya Nagrika Suraksha Sanhita seeking grant of bail in Crime No.132/2025 of Charmarajanagar Town Police Station registered for offence under Section 310(2) of Bharatiya Nyaya Sanhita. 2. Heard the learned counsel for petitioners and learned Additional Special Public Prosecutor for respondent - State. - 3 - HC-KAR NC: 2025:KHC:39558 CRL.P No. 13168 of 2025 3. Learned counsel for the petitioners would contend that, accused Nos.6 to 9 are Police Personnel and they are absconding. Petitioner No.1 - Accused No.2 has no criminal antecedents. Petitioner No.2 - Accused No.3 is involved in only one case registered under the provisions of Essential Commodities Act. Petitioner No.2 - Accused No.3 is a contractor and he received a sum of Rs.1,00,000/- to his account through phonepe from the account of complainant and he has drawn the money and given it to the Police and he is not involved in the alleged offence. Petitioner No.1 - Accused No.2 is innocent and has no role in the alleged offence. With these, he prayed to allow the petition. 4. Learned Additional Special Public Prosecutor would contend that, Rs.25,000/- + Rs.25,000/- and one car has been recovered from petitioner No.1 - accused No.2. A cash of Rs.70,000/- and a two wheeler has been recovered from petitioner No.2 - accused No.3 and the investigation is in progress, the Police Personnel who are - 4 - HC-KAR NC: 2025:KHC:39558 CRL.P No. 13168 of 2025 accused Nos.6 to 9 who are absconding. If the petitioners are granted bail, they will create hurdle in investigation and arrest of other accused persons. Petitioner No.2 - Accused No.3 is involved in one case registered for the offence under Section 3 and 7 of Essential Commodities Act and hence she prayed to dismissal of the petition. 5. Having heard the learned counsels appearing for the parties, this Court has perused the complaint, FIR and other materials placed on record. 6. Case came to be registered in Crime No.132/2025 of Chamarajanagar Town Police Station on 27.07.2025 for offence punishable under Section 310(2) of Bharatiya Nyaya Sanhita against Ansari - accused No.1 and Syed Imran - accused No.2 on the complaint of one Sri. M. Sachithanantham. 7. On perusal of the averments in FIR, accused No.1 instigated the first informant to invest money as to get double the amount invested. After believing, the first - 5 - HC-KAR NC: 2025:KHC:39558 CRL.P No. 13168 of 2025 informant along with a cash of Rs.3,00,000/- went to a room No.107 at Delhi Durbar Hotel, Chamarajanagar. Wherein four men along with one person in Police uniform threatened him and took cash of Rs.3,00,000/- and asked him to pay Rs.1,00,000/- and he has also transferred Rs.70,000/- through google pay account to the contact number - 9449576887 to the account of Syed Imran - accused No.3. There is a recovery of Rs.50,000/- from petitioner No.1 - accused No.2 and Rs.70,000/- from petitioner No.2 - accused No.3. 8. On perusal of the remand application dated 28.07.2025, accused Nos. 6 to 9 are Police Personnel and they are absconding and Police have to ascertain details of other two persons involved in the crime. The investigation is in progress. If the petitioners are granted bail, there are chances of hampering the instigation and putting hurdle in securing other accused. The exact role of the petitioners can be ascertained only after filing of final report/charge - 6 - HC-KAR NC: 2025:KHC:39558 CRL.P No. 13168 of 2025 sheet. Therefore, at this stage, the petitioners are not entitled for grant of bail. 9. In the result, this Criminal Petition is dismissed. 10. The petitioners are at liberty to file fresh application before the Sessions Court after filing of final report/charge sheet. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 35 CT: BHK