- 1 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11648 OF 2025 BETWEEN: SRI SRIKANTH Y, S/O YELLAPPA, AGED ABOUT 25 YEARS, RESIDING AT LINGAPURA VILLAGE, HARAGADDE POST, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 560 105. …PETITIONER (BY SRI. RAJESH.A., ADVOCATE) AND: STATE BY BANASHANKARI POLICE STATION, BANGALORE - 560 050. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT RASHMI PATEL, HCGP FOR R1) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN C.C.NO.22254/2025 IN CONNECTION WITH CR.NO.102/2025 REGISTERED BY RESPONDENT BANASHANKARI P.S. BENGALURU FOR AN OFFNCE P/U/S 238, 61, 310(2), 311 OF BNS 2023 AND SEC.25-1(B)(b), 4 OF ARMS Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 ACT AGAINST THE PETITIONER / ACCUSED NO.5 HEREIN PENDING ON THE FILE OF THE LEARNED II A.C.J.M AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.5 in Crime No.102/2025 registered by Banashankari Police Station, Bangalore City for offences punishable under Sections 238, 61, 310(2), 311 of BNS, 2023 and Sections 25-1(B)(b) and 4 of the Arms Act is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.102/2025 was registered by Banashankari Police Station, Bangalore City against six unknown persons for offences punishable under Sections 310(2) and 311 of BNS, 2023, based on the first information dated 31.03.2025 submitted by Ramesh.T. - 3 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 4. During the course of investigation, petitioner herein was arrested on 03.04.2025 and remanded to judicial custody. Bail application filed by the petitioner before the Jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.6948/2025 which was dismissed as withdrawn with liberty to the petitioner to file a fresh bail petition before the Jurisdictional Sessions Court after the charge sheet is filed in the present case. After completing investigation charge sheet has been filed in the present case against eight persons for the aforesaid offences and petitioner is arraigned as accused No.5 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court in Crl.Misc.No.5829/2025 was rejected on 19.07.2025. Therefore, petitioner is before this Court in this successive of bail petition. 5. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner has no criminal antecedents. The alleged - 4 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 offences are not exclusively punishable with death or life imprisonment. Alleged recovery from the petitioner cannot be believed, since the recovered amount of Rs.1,00,000/- was brought to the police station by the brother of the petitioner, when the petitioner was in custody. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. She submits that the other accused persons are persons with criminal antecedents and a sum of Rs.1,00,000/- has been recovered at the instance of the petitioner. Accordingly, she prays to dismiss this petition. 7. FIR in the present case was registered against six unknown persons based on the first information submitted by one Ramesh.T, who has alleged that on 31.03.2025, when he and his friends were indulged in playing cards in room No.201 of B.V.K. Club at Banashankari 2nd Stage, Bangalore, at about 06:00 p.m., five strangers aged between 20 to 35 years wearing mask - 5 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 and cap, entered into the room armed with deadly weapons and one amongst them assaulted his friend Anand and caused blood injuries. The other accused threatened the first informant and his friends and snatched a sum of Rs.10,00,000/- in cash, gold jewellery weighing about 700 grams and their mobile phones and thereafter locked the door of the room and escaped. 8. During the course of investigation, petitioner herein was arrested on 03.04.2025. After completing investigation, charge sheet has been filed against eight persons for the aforesaid offences. As per the charge sheet allegations, accused No.8 is a rowdy sheeter and he was in need of money to meet his litigation expenses. He had informed accused No.1 about the same and accused No.1 who used to play cards in B.V.K. Club at Banashankari, informed accused No.8 on 30.03.2025 that on 31.03.2025 to celebrate Ugadi Festival, affluent people come to the club and play cards and accordingly they hatched a plan to rob them on 31.03.2025. Accused No.8 accordingly - 6 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 contacted accused No.2, who brought along with him accused Nos.3 to 7 and they together conspired to commit robbery in the premises of the club on 31.03.2025. In furtherance of the conspiracy, on 31.03.2025, accused No.1 had gone to the club on the pretext of playing cards and had given information to the other accused and as per the plan, accused Nos.2 to 7 came near the club and while accused No.6 stayed outside the club premises, accused Nos.2 to 5 and 7 entered room No.201 in the premises of B.V.K club and by threatening the first informant and his friends who were playing cards, they snatched cash of Rs.10,00,000/-, gold jewellery weighing about 700 grams and the mobile phones of the inmates in room No.201 and thereafter escaped from the spot after locking the room from outside. 9. During the course of investigation, the petitioner and other accused were arrested. According to the prosecution, the petitioner during interrogation had informed that a sum of Rs.1,00,000/- which was given to - 7 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 him towards his share in the robbed money was kept by him in his house and at his instance, his brother had brought the said amount of Rs.1,00,000/- and handed over the same to the police in the police station. Except the aforesaid recovery, there is no other recovery of any robbed articles from the possession of the petitioners. Undisputedly, petitioner has no criminal antecedents. He is a youngster aged about 25 years and is in custody for the last more than seven months. Investigation of the case is already completed. The alleged offences are not exclusively punishable with death or life imprisonment. It is trite that accused person cannot be detained in custody as a punitive/preventive measure. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 8 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 The petitioner is directed to be enlarged on bail in Crime No.102/2025 registered by Banashankari Police Station, Bangalore City for offences punishable under Sections 238, 61, 310(2), 311 of BNS, 2023 and Section 25-1(B)(b) and 4 of the Arms Act, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; - 9 - HC-KAR NC: 2025:KHC:44626 CRL.P No. 11648 of 2025 e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 1