- 1 - HC-KAR NC: 2025:KHC:44779 CRL.P No. 11611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 11611 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SRI GUDDU @ GUDDU KALIYA S/O ISHTHIYAK ALI @ ISHTHIYAK ALI AGED ABOUT 45 YEARS R/AT WARD No.7, KARKALA VILLAGE DATAGANJ TALUK, BUDAUN DISTRICT - 243 637. UTTAR PRADESH. 2. SRI BABU SAHA @ BABU SARELI S/O BANNE SAHA @ MANNE SAHA AGED ABOUT 50 YEARS R/AT NOWLI VILLAGE, FATUVABAD DATAGANJ TALUK, BUDAUN UTTAR PRADESH – 243 601. 3. SRI HAFEEZ @ APIJ @ AFEEZ S/O SYED HUSEN AGED ABOUT 38 YEARS R/O VATTARAKUNTE VILLAGE BANGARAPETE TALUK KOLAR KARNATAKATA - 563 114. …PETITIONERS (BY SRI HAREESH BHANDARY T, ADVOCATE) AND: 1. STATE OF KARNATAKA HONNALI POLICE STATION Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44779 CRL.P No. 11611 of 2025 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001. …RESPONDENT (BY SMT. B PUSHPALATHA, ADDL. SPP) THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.77/2025 REGISTERED BY HONNALI P.S., HONNALI, PENDING IN CC.No.782/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HONNALI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109(1), 121(1), 132, 281, 310(4), 310(5) OF BNSS, U/S 7,25(1)(a),27(2) OF THE ARMS ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER 1. This petition is filed by accused Nos. 1, 6 and 7 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as `BNSS’) praying to grant bail in crime No. 77/2025 of Honnali Police Station registered for offence under Sections 109(1), 121(1), 132, 281, 310(4), 310(5) of Bharathiya Nyaya Sanhita, 2023 (hereinafter referred to as `BNS’) and Sections 7, 25(1)(a) and 27(2) of the Arms Act. - 3 - HC-KAR NC: 2025:KHC:44779 CRL.P No. 11611 of 2025 2. Heard learned counsel for petitioners and learned Addl.SPP for respondent – State. 3. Learned counsel for petitioners would contend that petitioner Nos. 1 and 2 are residents of Uttarpradesh and petitioner No. 3 is from Kolar. They were not arraigned as accused in the charge sheet filed in crime No. 229/2024 of Nyamati Police Station. Petitioner Nos. 1 and 2 have been secured from Uttarpradesh long prior to the alleged incident and they have been falsely implicated. Petitioner No. 1 has sustained injury on his left leg and it is purported to be a bullet injury, but, it is described as burnt wound. Charge sheet has been filed and therefore, petitioners are not required for custodial interrogation. With this, he prayed to allow the petition. 4. Per contra, learned Additional SPP would contend that the petitioners and other accused persons had gathered and they were moving in a vehicle along with deadly weapons and other articles in order to commit dacoity and they were stopped by the Police. Accused No. - 4 - HC-KAR NC: 2025:KHC:44779 CRL.P No. 11611 of 2025 1, at that time assaulted one Police constable and caused injury. C.W.4 to C.W.15 are eye witnesses and they are Police officials. Accused No.1 has also sustained injury in the said incident. There is seizure of mobile, regulator, battery, chilly powder, 4 rods, monkey caps, hand gloves and car from the petitioners. Charge sheet material show prima facie material against the petitioners for offence alleged against them. Petitioners are having criminal antecedents and they are involved in commission of several crimes not only in Karnataka but also in Delhi, Hyderabad and other places. If the petitioners are granted bail there are chances of they committing similar offences, abscond and not available for trial. With this she prayed for dismissal of the petition. 5. Having heard learned counsel for the parties, this Court has perused the charge sheet and other materials placed on record. 6. Charge sheet material indicate that on 16.03.2025 at about 01.00 am Police were on patrolling - 5 - HC-KAR NC: 2025:KHC:44779 CRL.P No. 11611 of 2025 duty. At about 01.35 am the accused persons came in two cars and inspite of signal they did not stop and proceeded towards Nyamati. Police followed them and at about 01.40 am both the cars were stopped and the accused persons tried to run in the land. Accused No. 1 assaulted C.W.4 who was chasing to secure him with a machete and caused simple injury. When again accused No. 1 tried to assault with a machete Police fired on his left leg to protect themselves. 7. Wound certificate of accused No. 1 indicates that he had sustained two injuries, one on the leg and the other on left ankle joint and they are stated tobe simple injuries. Police constable – Anand H.B. – C.W.4 has also sustained two simple injuries on his left arm and left ankle joint. Said injuries sustained by C.W.4 are stated to have been caused by petitioner No.1 – accused No1 when injured tried to chase him. Deadly weapons like 4 rods, monkey caps, chilly powder, hand gloves, battery, regulator, mobile phone have been seized from the - 6 - HC-KAR NC: 2025:KHC:44779 CRL.P No. 11611 of 2025 petitioners and car was also seized. On perusal of the order passed by the Sessions Court details of crimes are mentioned in which these petitioners are alleged to be accused persons. Considering the said aspect it is clear that the petitioners are having criminal antecedents. If the petitioners are granted bail there are chances of they committing similar offences, absconding and not available for trial. Offences alleged against petitioners are punishable with imprisonment for life. Considering the above aspects petitioners have not made out any grounds for grant of bail. 8. In the result, petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 1 Ct.sm