- 1 - HC-KAR NC: 2025:KHC:53148 CRL.P No. 11305 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11305 OF 2025 [(439(Cr.PC) / 483(BNSS)] BETWEEN: FRANKLIN @ J. KUMAR S/O JOSEPH, AGED ABOUT 32 YEARS, R/AT: NO, NEAR INDIRA CANTEEN, 31ST CROSS, LAKSHMAN RAO NAGARA, KORAMANGALA, BENGALURU - 560 030. …PETITIONER (BY SRI. RAJESHWARI M., ADVOCATE) AND: THE STATE OF KARNATAKA BANASHANAKARI POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, HIGH COURT, BENGALURU - 560 001. …RESPONDENT (BY SMT. PUSHPALATHA B., ADDITIONAL SPP) THIS CRL.P IS FILED UNDER SECTION 439 CR.PC (FILED UNDER SECTION 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.102/2025, C.C.NO.22254/2025, PENDING ON THE FILE OF II ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53148 CRL.P No. 11305 of 2025 OFFENCES PUNISHABLE UNDER SECTIONS 310(2) AND 311 OF BNS ACT, 2023 OF BANASHANKARI POLICE STATION. 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.6 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023, praying to grant bail in Crime No.102/2025 of Banashankari Police Station, registered for offences punishable under Sections 310(2) and 311 of Bharatiya Nyaya Sanhita, 2023, pending in C.C.No.22254/2025 on the file of II Additional Chief Judicial Magistrate, Bengaluru. 2. Heard learned counsel for petitioner and learned Additional State Public Prosecutor for respondent - State. 3. Learned counsel for petitioner would contend that, the allegation against the petitioner is that, he was - 3 - HC-KAR NC: 2025:KHC:53148 CRL.P No. 11305 of 2025 standing outside the gate and kept watch at the time of the incident. Only Rs.15,000/- given to his share out of robbed amount and it has been recovered at his instance from C.W.44. There is no serious overtact alleged against this petitioner at the time of robbery. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With these, she prayed to allow the petition. 4. Per contra, learned Additional State Public Prosecutor for respondent would contend that, the cash of Rs.10,00,000/-, 700 grams gold ornaments, a mobile phone and clothes have been robbed by six (6) accused persons. At the instance of this petitioner, a cash of Rs.15,000/- has been seized which has been produced by C.W.44. The petitioner has received the said amount as his share in the robbed amount. The charge sheet material shows that, there is a prima-facie case against the petitioner for offences alleged against him. With these, she prayed for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:53148 CRL.P No. 11305 of 2025 5. Having heard the learned counsels appearing for parties, 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, accused Nos.1, 2 and 8 conspired and accused Nos.3, 4, 5, 6 and 7 have joined them to commit the robbery. As per the plan, accused No.1 went to the room of a lodge and was playing cards along with C.W.1 to 13, wherein accused Nos.2 to 5 and 7 entered the said room and robbed cash of Rs.10,00,000/-, 700 grams gold ornaments, mobile phones etc. by giving threat to C.W.1 to 13 and at that time, accused No.6 was keeping watch at the gate. Thereafter, accused Nos.1 to 7 have shared the cash robbed. Out of which, the petitioner has got Rs.15,000/- and the said amount has been recovered at the instance of petitioner from C.W.44. There is no serious overtact of robbery is alleged against this petitioner. The petitioner has not entered the room of a lodge at the time of commission of the offence. There are no criminal - 5 - HC-KAR NC: 2025:KHC:53148 CRL.P No. 11305 of 2025 antecedents of the petitioner. The petitioner is in custody since 03.04.2025 and as the charge sheet is filed, he is not required for further custodial interrogation. 7. Considering all the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following; ORDER The Criminal Petition is allowed. The petitioner is granted bail in Crime No.102/2025 of Banashankari Police Station, pending in C.C.No.2254/2025 on the file of II Additional Chief Judicial Magistrate, Bengaluru, subject to following conditions: i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the trial Court. ii) The petitioner shall not tamper the prosecution witnesses either directly or indirectly. - 6 - HC-KAR NC: 2025:KHC:53148 CRL.P No. 11305 of 2025 iii) The petitioner shall appear before the trial Court on all dates of hearing unless exempted by the Court and cooperate for speedy disposal of the case. iv) The petitioner shall not involve in commission of any offence. If the petitioner found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 5