- 1 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11579 OF 2025 BETWEEN: SRI. MAREGOWDA @ MAHESH S/O CHIKKANNA, AGED ABOUT 29 YEARS, OPP. SATHISH BAR ROAD, KACHOHALLI CROSS, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-562 162 AND ALSO HOSAPALYA, KALYA GATE, MAGADI TOWN, RAMANAGARA-562 130. …PETITIONER (BY SRI. A.M. YASHAVANTHSWAMY, ADVOCATE) AND: 1. STATE OF KARNATAKA TAVAREKERE POLICE STATION, BANGALORE. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, BANGALORE-560 001. 2. SRI. SINGEGOWDA K.N. PSI OFFICER, AGED ABOUT 52 YEARS, POLICE OFFICER, TAVAREKERE POLICE STATION, TAVAREKERE, RAMANAGARA-562 162. …RESPONDENTS (BY SRI. RANGASWAMY R., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.205/2025 IN OF TAVAREKERE POLICE STATION, FOR AN ALLEGED OFFENCE PUNISHABLE U/SEC 310(4) AND 310(5) OF BNS 2023. PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT AT MAGADI, RAMANAGAR DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard both sides and perused the material on record. 2. Petitioner/accused No.1 has preferred this petition under Section 483 of BNSS, 2023 to enlarge him on bail in Crime No.205/2025 of Tavarekere Police Station, Ramanagara, registered for the offence punishable under Section 310(4), 310(5) of BNS, 2023. 3. The first informant is the PSI of Tavarekere Police Station. It is alleged that on 23.06.2025, during night hours when the first informant was on patrolling duty, at about 4.30 a.m., on 24.06.2025, received a credible information that five persons have assembled at - 3 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 Dakshinamurthy Arch Road, armed with deadly weapons, making preparation to commit dacoity. As such he along with his staff and panchas went to the spot and at that time one of the accused ran away and four others were apprehended. From them wooden sticks, chilli powder, iron rod, knife and an autorickshaw were seized. 4. Learned counsel for petitioner contended that this is a false case registered against the petitioner and even in previous cases he has been falsely implicated. Petitioner was arrested on 24.06.2025, he is in custody and now the investigation is completed and chargesheet is also filed. He contended that the petitioner is not required for further interrogation and he is ready and willing to abide by any conditions. Accordingly sought to allow the petition. 5. Learned High Court Government Pleader contended that the petitioner was caught red handed along with other accused persons and from him a packet of chilli powder has been seized. He contended that - 4 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 petitioner is involved in two more criminal cases registered at Tavarekere Police Station, Ramanagara and Madanayakanahalli Police Station, Bengaluru Rural District for the offence punishable under Section 307 r/w 34 of IPC and 399 and 402 of IPC. He has therefore contended that the petitioner is a habitual offender and if he is released on bail he will commit similar offence. 6. According to prosecution, petitioner and four other accused had assembled near Dakshinamurthy Arch Road leading to Giddanapalya in Channenahalli, holding weapons, in order to commit dacoity. The credible information was received at about 4.30 a.m., on 24.06.2025. As per complaint, after receiving the credible information, the PSI came to the Police Station, informed the matter to his higher officer and secured other Police officials as well as two panchas by issuing notice to them. Then all of them went to the spot in two vehicles at about 5.30 a.m., wherein they saw five persons had parked an autorickshaw and the said persons were armed with clubs, - 5 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 knife, iron rod etc. It is alleged that they were making preparation to commit dacoity. 7. It is not the case of prosecution that there was a dacoity committed or there was an attempt to commit dacoity by the accused. The allegations that the accused were assembled at the spot making preparation to commit dacoity, is a matter which has to be established during trial. Merely because two previous cases are registered against the petitioner itself is not a ground to reject the petition. It is submitted that the petitioner has been falsely implicated and in the cases registered against him he is already enlarged on bail. 8. Petitioner has undertaken to furnish sufficient surety to ensure his regular presence before the trial Court. He is not required for further interrogation. Investigation is completed and chargesheet is filed. Hence, the following: - 6 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 ORDER i. Petition is allowed. ii. Petitioner/accused No.1 in Crime No.205/2025 of Tavarekere Police Station, Ramanagara, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. - 7 - HC-KAR NC: 2025:KHC:34097 CRL.P No. 11579 of 2025 Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 44