- 1 - HC-KAR NC: 2025:KHC:45949 CRL.P No. 13897 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13897 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SYED LATHEEF S/O SYED AZIZ AGED ABOUT 26 YEARS RESIDING AT NO.132, APPAJI BADAVANE HIRIYUR POST, BHADRAVATHI TALUK SHIVAMOGA DISTRICT …PETITIONER (BY SRI. RIAZ PASHA K, ADVOCATE) AND: THE STATE OF KARNATAKA BY N.R. PURA POLICE STATION CHIKKAMAGALURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND RELEASE THE PETITIONER/ACCUSED NO.2 ON BAIL IN CRIME NO.64/2025 OF N.R.PURA POLICE STATION FOR THE ALLEGED OFFENCE P/US/ 310(2), 311 OF BNS PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT N.R.PURA CHIKKAMAGALURU. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45949 CRL.P No. 13897 of 2025 CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused No.2 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.64/2025 of N.R.Pura Police Station registered for the offences punishable under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023. 2. Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor for the respondent/State. 3. The learned counsel for the petitioner would contend that, the petitioner is a car mechanic and he has repaired the car of accused No.1. The accused No.1 is having criminal antecedents involved in commission of robbery, theft etc. The petitioner had accompanied accused No.1 for consuming alcohol and after consuming alcohol what was done by the other accused is not known - 3 - HC-KAR NC: 2025:KHC:45949 CRL.P No. 13897 of 2025 to the petitioner. There is no recovery from this petitioner. The petitioner is in judicial custody since 22.07.2025. The charge sheet is filed and he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this, he prayed to allow the petition. 4. Per contra, the learned Additional State Public Prosecutor for the respondent - State would contend that, the petitioner has taken part in the robbery and assisted the other accused in committing the robbery. The petitioner has also received Rs.20,000/- out of the robbed amount of Rs.2,00,000/- and 2 hens. The petitioner has spent the said amount and therefore, there is no recovery of money from the petitioner. Even though there are no criminal antecedents of the petitioner, if he is granted bail there are chances of threatening the prosecution witnesses and committing similar offences. With this, she prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:45949 CRL.P No. 13897 of 2025 5. Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record. 6. As per the charge sheet, the case of the prosecution is that, the accused Nos.1 to 5 along with three children in conflict with law committed robbery in the pickup van of the first informant, of silver chain, cash and mobiles. On perusal of voluntary statement of accused No.1, the petitioner is a car mechanic and he had furnished a car to accused No.1. The accused No.1 has taken the petitioner along with him for consuming alcohol and commit robbery. The role of the petitioner in the commission of offence is that, he asked the driver of the pickup van to give spanner and took the key of the pickup van and other accused committed a robbery. There is no overt-act against the petitioner. There are no criminal antecedents of the petitioner. The petitioner is in judicial custody since 22.07.2025. Even though it is stated that out of robbed amount of Rs.2,00,000/-, the petitioner has - 5 - HC-KAR NC: 2025:KHC:45949 CRL.P No. 13897 of 2025 been given Rs.20,000/- but there is no any recovery of money from the petitioner. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. ii) The petitioner is granted bail in Crime No.64 of 2025 of N.R.Pura Police Station pending on the file of the learned Principal Senior Civil Judge and CJM at N.R.Pura registered for the offences punishable under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023 of IPC, subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; - 6 - HC-KAR NC: 2025:KHC:45949 CRL.P No. 13897 of 2025 b) The petitioner shall not tamper the prosecution witnesses either directly or indirectly; c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and co- operate with speedy disposal of the case. e) The petitioner shall not commit any offences. If he is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE UN List No.: 1 Sl No.: 4