- 1 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13052 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SHAIKH PARVEZ S/O SHAIKH KHAYYUM, AGED ABOUT 32 YEARS, RESIDING AT NEAR AKS MASJID, BDA HOUSING COMPLEX, AVALAHALLI, BENGALURU-560 049. 2. M. TANVEER @ DHANYA S/O SYED MASJID, AGED ABOUT 30 YEARS, RESIDING AT NO.787, NEAR MUNAWAR MASJID, AVALAHALLI, BENGALURU-560 049. 3. SAMEER PASHA S/O ASTHER HUSSAIN, AGED ABOUT 24 YEARS, RESIDING AT NO.23, 4TH CROSS, BHARATHINAGAR, MYSURU-570 001. …PETITIONERS (BY SRI. RAVICHANDRA M.R., ADVOCATE) AND: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 THE STATE OF KARNATAKA BY KOLAR RURAL POLICE STATION, KOLAR, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONERS ON BAIL IN CRIME NO.294/2025 OF KOLAR RURAL POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 310(2) R/W SECTION 76 OF BNS PENDING ON THE FILE OF HON’BLE I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M AT KOLAR AND ETC. 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.1 to 3 under Section 483 of BNSS seeking grant of bail in Crime No.294/2025 of Kolar Rural Police Station registered for offences punishable under Sections 310(2) and Section 76 of BNS. 2. Heard learned counsel for the petitioner and learned Additional SPP for respondent-State. - 3 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 3. Learned counsel for petitioner would contend that the incident has taken place on 20.07.2025 and complaint has been filed on 21.07.2025 and there is a delay of one day in filing the complaint and it has not been explained. After arrest of the petitioners, they have not been taken to medical examination but instead, the IO has conducted investigation by drawing the mahazar of the incident place as shown by the petitioners. There is no audio video recording of the statements and conducting of mahazar. The petitioners have been acquitted wherever trial has been conducted in earlier cases. On these grounds, he prayed for grant of bail to the petitioners. 4. Per contra, learned Additional SPP would contend that offence alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. Petitioners are habitual offenders involved in commission of similar offences. Petitioner No.1 is involved in 3 cases, petitioner No.2 is involved in 11 cases and petitioner No. 3 is involved in one case and those cases are registered for - 4 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 commission of similar offences. It is further contended that the investigation is in progress and if at this stage the petitioners are granted bail, there are chances of they hampering the investigation and tampering the prosecution witnesses and committing similar offences. On these grounds, she prayed for dismissal of the petition. 5. Having heard the counsels, the Court has perused the FIR, complaint and other materials placed on record. 6. On the complaint of one Mr.Gokul.V dated 21.07.2025, a case has been registered against six unknown persons in Kolar Rural Police Station in Crime No.294/2025 for the offences under Section 310(2) of BNS. The averment of the complaint indicates that the complainant along with the other staff were travelling for collection of monthly installment of loan and on 20.07.2025 at about 08.00 a.m., he went along with co- worker by name Vallarasu on their two wheeler to Chikkaballapura. They got collected money from Muniraju and was proceeding towards Chintamani and at around - 5 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 2.40 p.m., at Madanahalli Cross, some six persons came in a red Innova car and a scooter and stopped them and by showing the knife have robbed Rs.11,000/- from the complainant. Thereafter, they made the complainant and Vallarasu to sit in their car by showing the knife and proceeded further, they have taken the Phonepe PIN number of office, they called someone over phone collected QR code from him and transferred Rs.40,000/- through the said mobile. Thereafter, from the mobile phone of Vallarasu, they got transferred Rs.5,000/-. Around 03.00 p.m., they brought back the complainant and his associate to the same place where they have picked them, snatched SIM and the mobile phone from the complainant and from his associate. They gave threat to them not to file complaint. It is stated that they were speaking Hindi, Kannada and little bit of Tamil, and they are aged between 30 to 35 years. During investigation on 22.07.2025, accused Nos.1 to 3 who were moving suspiciously near Kondarajanahalli with 3 other suspects - 6 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 were apprehended at 01.15 a.m. and brought to police station and their voluntary statement has been recorded. Pursuant to the said voluntary statement, car, two wheeler, weapon, robbed money has been recovered at their instance. Accused Nos.1 to 3 were taken to police custody and further investigation was conducted and there was a recovery of Rs.5,500/- at the instance of accused No.1, kept under seat, mobile phones of complainant has also been recovered. Considering the said aspect itself indicate involvement of the petitioner in commission of the dacoity. 7. Petitioner No.1/Accused No. 1 is involved in 3 criminal cases for similar offence. Petitioner No. 2/accused No.2 is involved in 11 cases for similar offence. Petitioner No.3/accused No.3 is involved in one case for similar offence. Considering the said aspect the petitioners are habitual offenders. If the petitioners are granted bail, there are chances of they hampering investigation and tampering the prosecution witnesses and committing - 7 - HC-KAR NC: 2025:KHC:39889 CRL.P No. 13052 of 2025 similar offences. The investigation is still in progress. The petitioners have not made out any grounds for grant of bail. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 36