Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31561 CRL.P No. 8936 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8936 OF 2025 BETWEEN:
RAVEESHA S/O.BYLAPPA.P AGED 35 YEARS NO.56, NELAMANGALA TALUK BYRASETTIHALLI, GOLLAHALLI BANGALORE RURAL - 562 123 …PETITIONER (BY SRI. MAHESH S., ADVOCATE) AND:
STATE OF KARNATAKA BY DODDABELVANGALA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001 …RESPONDENT (BY SRI. K. NAGESHWARAPPA., HCGP)
THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN C.C.NO.5003/2024 REGISTERED BY THE RESPONDENT DODDABELAVANGALA POLICE STATION FOR OFFENCE U/S.394,395,397,342 OF IPC PRESENTLY PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, DODDABALLAPURA BENGALURU RURAL DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31561 CRL.P No. 8936 of 2025
ORAL ORDER This petition seeking anticipatory bail is preferred by the petitioner, arraigned as accused No.3 in the charge sheet filed by Doddabelavangala Police Station in Crime No.101/2024.
2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record.
3. The aforementioned Crime was registered on a complaint lodged by one Sohan Shetty, it is alleged that on 30.05.2024 at 7:30 PM, the complainant along with his friends arrived at the Moonlight Family Restaurant, Channadevi Agrahara village, Madhure Hobli, Nelamangala-Doddaballapura road, for dinner. At around 8:00 PM, accused nos.1 to accused no.5 along with their associates, arrived at the same location on two-wheelers. Upon overhearing a financial conversation among the complainant party, accused no. 3 allegedly conspired with others to rob them. Later at 9:50 PM the accused persons
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HC-KAR NC: 2025:KHC:31561 CRL.P No. 8936 of 2025
took away them in a car at a knife point, assaulted CW-2 and CW-3 with a knife, causing injuries. They allegedly stripped and tied the victims using their own clothes, coerced ATM PINs, and withdrew Rs. 90,000 from CW-2 bank account and Rs. 60,000/- from CW-3 bank account. Futher, they transferred Rs.42,000/- via PhonePe from CW-3 mobile to a number linked to sister of accused no.2 and also robbed valuable items including an iPhone, ATM cards, a Sonata watch etc.,. It is further alleged that, Rs. 20,000/- was withdrawn from CW-3 ATM card. The accused persons demanded a ransom of Rs.10,00,000/- to release them and threatened with dire consequences if they reported the incident.
4.
Learned counsel for the petitioner contended that the FIR is registered against unknown persons and only after the arrest of accused Nos.1 and 2, on their confession statement, the present petitioner has been arraigned as an accused. He contended that cash, mobile phones and watch have been recovered from other
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HC-KAR NC: 2025:KHC:31561 CRL.P No. 8936 of 2025
accused, and no amount has been transferred to the account of the petitioner and there is no material collected to show that petitioner is the beneficiary of the proceeds of the crime. Hence, there is no prima-facie case against the petitioner. He submitted that while filing charge-sheet, petitioner has been arraigned as accused No.3. He is ready and willing to abide by any conditions that may be imposed by this Court. Accordingly, prays to allow the petition. 5. Per contra, learned HCGP has contended that all the accused have jointly committed dacoity and petitioner was present along with the other accused persons. He is absconding from the date of registration of the crime and now NBW has been issued against him and instead of co-operating with the investigation of the case, he has filed application seeking anticipatory bail. He contended that the petitioner is required for custodial interrogation and he is a habitual offender against whom 14 cases were
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HC-KAR NC: 2025:KHC:31561 CRL.P No. 8936 of 2025
registered and therefore, he is not entitled for anticipatory bail. 6. No doubt, FIR is registered against unknown persons, obviously, for the reason that the complainant was not knowing the names of the accused who committed the offence. A perusal of the complaint averments goes to show that the complainant and his friends were kidnapped by the accused at knife point and they not only withdrew the money using the ATM Card, robbed the mobile phones and inflicted injuries to the complainant and his friends. 7. Charge-sheet is filed for the offence punishable under Sections 394, 395, 397 and 342 of IPC. Petitioner is arraigned as accused No.3. The contention of the learned counsel that only on the voluntary statement of the co-accused, petitioner has been arraigned as an accused in this case and therefore, he is innocent etc, cannot be accepted at this stage. Petitioner is required to be identified by the victims.
Hence, if anticipatory bail is
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HC-KAR NC: 2025:KHC:31561 CRL.P No. 8936 of 2025
granted, the same will come in the way of further investigation of the case. 8. Learned HCGP has contended that the petitioner is involved in 14 criminal cases, which is not disputed by the learned counsel for the petitioner. However, it is his contention that the petitioner has been acquitted in all those cases, except two cases and those cases pertain to the year 2016. But the fact remains that the petitioner was involved in several theft and robbery cases. In the case on hand, summons was issued to the petitioner but he did not respond to the said summons and therefore, the Trial Court has issued NBW, which is yet to be executed. In the facts and circumstances, petitioner is not entitled for the relief of anticipatory bail. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE
LDC/DH List No.: 1 Sl No.: 30