Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 80282 (KAR)

MR SOORYA K v. THE STATE OF KARNATAKA

CRL.P/15518/2025 · 2025-12-11

Shivashankar Amarannavar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:52658 CRL.P No. 15518 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 15518 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. MR SOORYA K S/O KUMAR AGED ABOUT 21 YEARS RESIDING AT JOGAMMANA HOSAHALLI VILLAGE T.BEKUPPE HOB KANAKAPURA TALUK, RAMANAGARA DISTRICT. BANGALORE DISTRICT -562 117. …PETITIONER (BY SRI CHETAN.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BANASHANKARI POLICE STATION REP. BY SPP, HIGH COURT OF KANRNATAKA-560 001. BENGALURU. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION TO RELEASE THE PETITIONER ON BAIL IN CRIME No.102/2025 REGISTERED BY THE BANASHANKARI POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 238, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52658 CRL.P No. 15518 of 2025 61, 310(2), 311 OF BNS AND SECTIONS 25(1)(B)(b) AND 4 OF THE ARMS ACT 1959. 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 No.7 under Section 483 of BNSS praying to grant bail in Cr.No.102/2025 of Banashankari Police Station, registered for offences punishable under Sections 238, 69, 310(2), 311 of BNS and Section 25(1)(B)(b) and 4 of Arms Act. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent/State. 3. Learned counsel for petitioner would contend that FIR has been registered against unknown persons. No test identification parade has been conducted. There is a recovery of Rs.20,000/- cash and long chopper at the instance of this petitioner. Accused No.5 has been granted bail by co-ordinate Bench of this Court. As the charge - 3 - HC-KAR NC: 2025:KHC:52658 CRL.P No. 15518 of 2025 sheet is filed, the petitioner is not required for custodial interrogation. With this, he prays to allow the petition. 4. Per contra, learned Additional State Public Prosecutor would contend that dacoity of cash of Rs.10,00,000/-, 700 grams gold ornaments, a mobile phone and clothes have been robbed by 6 accused persons. At the instance of the petitioner, cash of Rs.20,000/, a long chopper and two wheeler have been seized. The petitioner has received the said amount as his share. The charge sheet material shows prima-facie case against the petitioner for offences alleged against him. With this, she prayed to reject the petition. 5. Having heard the learned counsels, the Court has perused the charge sheet and other materials placed on record. 6. As per charge sheet, the case of the prosecution is that accused Nos. 1, 2 and 8 conspired and accused Nos.3, 4, 5, 6 and 7 have joined them to commit the robbery. As - 4 - HC-KAR NC: 2025:KHC:52658 CRL.P No. 15518 of 2025 per the plan, accused No.1 went to the room of a lodge and was playing cards along with CW1 to 13 wherein accused Nos.2 to 7 entered the said room, robbed cash of Rs.10,00,000/-, 700 grams gold ornaments, mobile phones etc. by giving threat to CW.1 to CW.13. Thereafter accused Nos.1 to 7 have shared the cash robbed. Out of which the petitioner has got Rs.20,000/- and the said amount has been recovered at the instance of the petitioner. Apart from that, at the instance of the petitioner, long chopper and two wheeler used for the offence have been seized. The charge sheet material show prima-facie case against the petitioner and other accused for offences alleged against them. The offence alleged against the petitioner and other accused is a heinous offence. The offence is committed with a pre-plan of accused No.1. 7. Considering the charge sheet materials, there is a prima-facie case against the petitioners for the offences alleged against him. If the petitioner is granted bail there - 5 - HC-KAR NC: 2025:KHC:52658 CRL.P No. 15518 of 2025 are chances of he threatening the prosecution witnesses and committing similar offence. The petitioner has 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.: 24 Ct.sm