- 1 - HC-KAR NC: 2025:KHC:41175 CRL.P No. 13098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13098 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: SRI BASAVANNA L S/O LINGAPPA @ NINGANNA AGED ABOUT 45 YEARS, OCC HEAD CONSTABLE, TOWN POLICE STATION, CHAMARAJANAGARA, R/AT BADANAGUPPE VILLAGE, KASABA HOBLI, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT -571 313. …PETITIONER (BY SRI. SHIVA KUMARA K S., ADVOCATE) AND: STATE BY TOWN POLICE STATION CHAMARAJANAGARA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDITIONAL SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C (FILED U/S.482 BNSS) PRAYING TO DIRECT THE RESPONDENT TOWN POLICE CHAMARAJANAGARA TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST WHO IS ARRAYED AS ACCUSED NO.9 IN CRIME NO.132/2025 FOR THE OFFENCE P/US/ 310(2) OF BNS ACT 2023 NOW PENDING Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41175 CRL.P No. 13098 of 2025 ON THE FILE OF THE ADDL. CIVIL JUDGE (Sr.Dn.) AND CJM COURT AT 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 filled by the petitioner –accused No.9 under Section 482 of BNSS seeking grant of anticipatory bail in Crime No.132/2025 of Chamarajanagar Town Police Station registered for offence punishable under Section 310(2) of BNS, 2023. 2. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent state. 3. Learned counsel for the petitioner would contend that accused No.1 who has secured the first informant under the guise of investment of money for doubling it to a hotel wherein other 5 persons were present. There is allegation of robbery. The petitioner is a police head constable and he has served in the department - 3 - HC-KAR NC: 2025:KHC:41175 CRL.P No. 13098 of 2025 for 23 years and he is not involved in the commission of the offence. The allegation in the complaint is that 3 persons and 1 person in police uniform came to the room in which accused Nos.1 to 5 were present and person in police uniform took Rs.3,00,000/- and another got transferred through phone pay. Accused Nos. 4 and 5, as per remand application, are stated to be unknown persons and they are absconding. Cash is recovered from accused Nos.2 and 3 under mahazar dated 27.07.2025 and at that time complainant was not present. There is no recovery from the petitioner. With these, he prayed to allow the petition and grant anticipatory bail to the petitioner – accused No.9. 4. Per contra learned Additional State Public Prosecutor would contend that a huge amount of Rs.3,00,000/- has been robbed by a person in police uniform from the complainant. The petitioner being police personnel, the allegation of robbery is against him. Accused Nos.4 and 5 are unknown persons and they are - 4 - HC-KAR NC: 2025:KHC:41175 CRL.P No. 13098 of 2025 absconding and the investigation is going on to ascertain their identity. The investigation is in-progress. Four police personnel who have to protect citizens from crimes are involved in the present case. The petitioner is police head constable, if he is granted anticipatory bail he will hamper investigation and tamper prosecution witnesses. With these, she prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The 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 BNS, 2023. Sri Ansari -accused No.1 and Sri Syed Imran – accused No.2 on the complaint of one Sri Sachithanantham. 7. On perusal of averments in FIR, accused No.1 instigated the first informant to invest money as to get double the amount invested. After willing, the first - 5 - HC-KAR NC: 2025:KHC:41175 CRL.P No. 13098 of 2025 informant along with cash of Rs.3,00,000/-, went to room No.107 at Delhi Darbar Hotel, Chamrajnagar wherein 04 persons along with one person in police uniform threatened him, took cash of Rs.3,00,000/-and asked him to pay Rs.1,00,000/- and he has also transferred money of Rs.70,000/- through Google Pay to mobile No.9449576887 to the account of accused No.3. There is recovery of Rs.15,000/- from accused No.2 and Rs.70,000/- from accused No.3. 8. On perusal of remand application dated 28.07.2025, accused Nos.6 to 9 are police personnel and they are absconding. The investigation is in-progress. The allegation in the complaint that one person in police uniform has taken cash of Rs.3,00,000/- from the complainant. The petitioner being police personnel along with other three persons who are alleged to be police personnel instead of protecting victims from crimes are involved in the present case. If the petitioner is granted anticipatory bail, there are chances of he hampering - 6 - HC-KAR NC: 2025:KHC:41175 CRL.P No. 13098 of 2025 investigation and putting hurdle in securing other accused. What is exact role of the petitioner has to be astertain only after filing of final report i.e., charge sheet. Therefore, at this stage, the petitioner is not entitled for grant of anticipatory bail. 9. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 10